HomeMy WebLinkAbout11-04-04 (2)
IN RE: MILDR D J. GERBER IN THE COURT OF FOM PLEAS
TRUST UN DE AGREEMENT CUMBERLAND COUNTY
dated Decemb r 19,1997 COMMONWEALTH OF PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2002-0540 ,/
IN RE: FRED GERBER, SR. IN THE COURT OF COMMON PLEAS
TRUST UN DE AGREEMENT CUMBERLAND COUNTY
dated July 29,1 94 COMMONWEALTH OF PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-1998-0195 J
PETITIO FOR CONTINUANCE OF THE AUDITOR'S HEARING OF THE
ONS FILED BY PNC BANK AND MARILYN GERBER OF THE
TING AS ORDERED BY THIS COURT FOR THE MILDRED J.
TRUST AND THE FRED E. GERBER,SR. TRUST SCHEDULED
FORN EMBER 15,16,17,2004. DUE TO INSUFFICIENT PRODUCTION.
OF DOC MENTS AND INSUFFICIENT PREPARATION TIME FOR
EXPER WITNESSES.
AND NO COMES Marilyn Gerber, Objector, Petitioner and full beneficiary of th
Mildred J. Ger er Trust and the Fred E. Gerber, Sr. Trust and states:
1. 02, this Court ordered Frederick E. Gerber, II to produce Accounting
the Mildred J. erber Trust and the Fred E. Gerber,Sr. Trust by July 8, 2002.
2. t 27,2004, PNC Bank and Marilyn Gerber filed their respective
Objections to t e Accountings of the above referenced Trusts.
3. In Nove ber 2002, this Court ordered an Audit and appointed Mr. William
Duncan as Au itor.
4. Fred E. erber,Sr. died on February 22, 1998 and Mildred J. Gerber died on
January 14, 2 03.
5. Frederic E. Gerber,1I evoked the Soldier's Relief Act on or about October 200
due to his dut in Iraq from June 2003 until December 2003.
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6. Mr. Rich rd Rupp in February 2003 informed the Auditor and the Petitioner at a
status confere ce meeting that Frederick E. Gerber had returned from Iraq and that
his orders had expired for Iraq. The Pentagon informed this Petitioner that Frederic
E. Gerber,1I w s to retire in June 2003. The reality is that Frederick E. Gerber,11 had
actually return d in late December 2003 and had not informed this Court that he wa
available for h arings and depositions. This Petitioner filed a Petition to revoke his
Soldiers Relie Act as Frederick E. Gerber,1I claimed that he was protected under the
Soldiers' Relie Act when the Petitioner supoened him on April 26,2004 for producti n
of documents and supoened him for a deposition in May 2004 as well. This Court
upheld Mr. Du can's Motion to Quash this Petitioner's supoenas. However, this
Court finally 0 ered Frederick E. Gerber,11 to appear on August 3,2004 before the
Auditor, Mr. D ncan to show why he was still protected under the Soldiers Relief
Act. At this h ring, Frederick E. Gerber,1I agreed to waive his Soldiers Relief Act a
he stated that e would be retiring on October 1 ,2004. When the Petitioner asked
to cross exam e Frederick E. Gerber,1I as to his actual orders and availability to
answersupoe as and appear at depositions, Mr. Duncan stated that this Petitioner
could address her issues with this Court which she will in the near future as to her
belief that Fre erick E. Gerber deliberately avoided informing this Court of his return
from Iraq and is availability for hearings.
7. On Augu t 3,2004, Mr. Duncan ordered Frederick E. Gerber,11 to provide answe s
to the April 26 2004 supoena for the Production of Documents for the PNC hearings
that were held on September 28,29,2004 and he ordered that Frederick E. Gerber,1I
deposition fo these PNC hearings would occur on September 27,2004 one day pri r
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to the hearing .
8. Mr. Dunca ordered that Frederick E. Gerber,11 would also produce answers to
requests for d cuments on the objections as filed by PNC Bank and this Petitioner
by September ,2004 as well as submit to a deposition by October 8,2004. To this
day, Mr. Gerb r has not provided the bulk of the Requested Documents and Judge
Oler who recei ed my Motion to Compel on September 27,2004 prior to the start of
the hearings h s sent this Motion to Compel to Mr. Duncan to deal with and as of thi
Date, this Moti n has not been ruled upon. Lxll/ljfT I-t'
9. Frederick Gerber provided only partial answers to this Petitioner's Request for
Production of ocuments which amounted to only 20% of the requested documents.
Frederick E. G rber in the documents that he did provide, redacted, blackened out
much of the re eipts, overlaid receipts on top of each other, folded over the name of
credit card hol ers so as not to identity who the user was, blackened out account
numbers, and ailed to provide receipts for 80% of the checks written. Frederick E.
Gerber,1I faile to provide the backs of each check and many of the front of each
check were u eadable, redacted, notes blackened out and not accounted for.
The monthly s atements from Charles Schwab had three holes punched in them as
they were tak n apparently from a binder and financial information and numbers we e
punched thro h as well as financial information was not readable at the other side
of the page d to poor photocopying. This Petitioner has enclosed in exhibits are t e
numerous Ie rs to the Auditor concerning the missing documents and my concern
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as well as lett rs to Mr. Duncan. cytf-r 0/ T .k
10. Frederi k E. Gerber,II's deposition was not held until after the
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deadline for di covery as Frederick E. Gerber II despite his retirement and
unemploymen as of October 1,2004 as he would not make himself available until
October 14,20 4. During his deposition, Frederick E. Gerber,1I made a complete
mockery of qu stions asked of him, harassed this Petitioner, and employed every
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tactic to confe with his attorney, step out for breaks, was late in arriving for the I
deposition an was late in returning from lunch. Frederick E. Gerber,1I failed to bring
the original do uments as was requested of him by letter to his attorney by this
Petitioner and Frederick E. Gerber, II did not bring any documents to refer to. Frederi k
E. Gerber, II uld not answer questions even when posed to him 10 times and ofte
spoke to the titioner asking her questions. This Petitioner asked his attorney, Mr.
Rupp to coun I and restrain his witness but he to would mock Marilyn Gerber.
By 4:30 p.m. t e Petitioner had not finished half of her questions for the Mildred J.
Gerber Trust d did not even start on questions for the Fred E. Gerber, Sr. Trust.
The Court rep rter has not completed her typing of this deposition so as of Novemb r
1,2004 it is no available for the Petitioner or her expert witnesses to prepare their
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reports. L:::"X. ff1/:';lf j
11. When t is Petitioner mentioned this by letter to Mr. Duncan and asked for a
second date t continue Frederick E. Gerber,II's deposition, Mr. Duncan responded n
October 25,2 04 that Interrogatories could be issued to Frederick E. Gerber,1I in lie of
a continuing eposition. However, Ms. Gerber only received Mr. Duncan's October
25,2004 lette on October 28,2004.There is virtually no time to prepare and issue t e
Interrogatorie which will address over 300 checks and many other issues as well a
provide suffic nt time for Frederick E. Gerber,1I to answer them. Even if Frederick
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Gerber were t respond to them, this Petitioner has no faith that she would receive
them in time rior to the hearings or for her expert witnesses to examine the detail d
questions an answers about checks, losses, margin interest payments, etc. in
order for them o prepare their expert reports and be prepared for testimony at the
hearings.Mr. uncan failed to provide a deadline that Frederick E. Gerber II had to
answer these nterrogatories therefore it is entirely possible that Mr. Gerber would 0 Iy
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provide his a wers on the first day of the hearing. 1/,
12. Frederi k E Gerber,1I has done everything he could to delay any production 0
documents, a y attempts to be deposed, and has not made himself available for
over a year. I has been two years since this Court has ordered this Audit. Mr. Ger r
has been awa e of the documents that were requested since April 26,2004 by
supoena and s Trustee, he has been aware of what his fiduciary responsibilities
were.
13. It was t until August 3,2004, that Mr. Duncan set a discovery schedule
for the upcom g hearings and discovery was to be completed by September 3,200
and Frederick . Gerber was to submit to a deposition by October 8,2004. The
hearings were set for November 15,16, 2004. When it was discovered that Mr. Rup
was bringing f ur expert witnesses and this petitioner would bring 2 expert witness s
in addition to ther non expert witnesses, this Petitioner petitioned the Auditor for
an additional ay and has requested that these hearings be continued. Mr. Duncan
has added an ther day, November 17 only until 12:30 p.m. Now with Interrogatori s
to be sent an received, it is apparent that this cannot be accomplished in time prior
to the hearing !:-7i!1I!)!( .1)
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14. untings are for 56 months of administration by the Trustee, Frederick
E, Gerber, II f the two Trusts for approximately $1 million dollars.
15. titioner is missing documents of investments other than Charles
Schwab inves ents that even PNC Bank starting questioning Frederick E. Gerber,1
for the Fred E. Gerber,Sr. Trust. They are the Municipal Partners Fund and
Investments w th Equiserve for the Mildred J. Gerber Trust. There are other
investment ac ounts that Frederick E. Gerber, II has not reported. There are also
missing Chari s Schwab monthly statements that are incomplete and do not reflect
the share am nts of each investments. There are no loan agreements as was
reported in th Accounting. There are no billable legal hours for over four attorneys
that amount t over $80,000 in line accounting fees. There are no letters of
corresponden e between PNC Bank, the Trustee, and Charles Schwab. Frederick
E. Gerber stat s that he does not have any yet mentions that he does have all
memos and n tes in a memo to PNC Bank in early 2002. There have been no inco e
tax Federal or State reports produced yet there were extensive accounting fees pai
for annual tax reparation. There has been no accounting for the Baltimore propert
or any real es te appraisals over the past 4 years produced. There has been no
accounting fo the original assets that funded either of the Trusts. Most importantly,
Frederick E. erber,1I has REFUSED to produce any receipts or accounting for
to July 8,2002 as this Court ordered him to provide on July 8,2002.
This line Acc nting for 2002 was only submitted to this Court on December 30,200
and Frederick E. Gerber,1I has stated that he does not have to produce any informat on
on this Accou ting. I have asked Mr. Duncan to interpret this and as of yet have no
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received an a wer. If Mr. Duncan does rule or asks this Court to rule on the missin
documents an the Accounting for 2002, then again, my experts and myself will not
have enough t me to file our objections on these Accountings as well as PNC Bank r
Ms. Verney a prepare our reports for the November hearings. ex tt1fJ-1 T c;
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This Petition r has included a list of all missing documents in the exhibit section.
16. Finally of greatest concern is that on November 1,2004 I called the Charles
Schwab Harri burg Branch to confirm which representative Mr. Rupp had arranged 0
be the witnes testify on the Charles Schwab statements, financial investments,
margin intere and other related issues The Branch Manager, Mr. Benjamin Dum h d
no idea what was talking about. Mr. Duncan has stipulated on September 20,200
in
a status conf rence hearing that Mr. Richard Rupp would contact Charles Schwab
and arrange f r a representative from Charles Schwab to testify at the hearings in
November. T is representative would be present for all parties. I had asked to
supoena Cha es Schwab and to depose them at the status hearing and Mr. Dunca
had ordered r. Rupp to arrange their voluntary presence. I had stipulated that
Charles Schw b would answer on their letterhead that they would appear and iden ify
present at the hearings and that they would bring all documents
associated wi the two Trusts and be prepared to address all cross examination.
even discuss that it would be more than likely be the Branch Manager, Mr. Jeffre
Roes. Howev r today, on November 1, 2004, I was informed that Mr. Roes is no
longer with Carles Schwab and that Mr. Benjamin Dum had no knowledge of Mr.
Rupp or the tness from his Branch. I contacted the office of General Counsel for
Charles Sch ab in San Francisco late today due to the time difference and I am
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awaiting a res onse from them. I am surmising that it is possible that Mr. Rupp did
issue a supo a or make any arrangements as I have not received any copies of a
e by Mr. Rupp to Charles Schwab on anything connected with
securing a re esentative from Charles Schwab.
On Nove er 2,2004, I received a letter from the Office of General Counsel for
Charles Schw b stating that they have not received a supoena and would not appe r
until a supoen was issued to them. A copy of such letter is enclosed in the exhibits
The prese ce of a witness from Charles Schwab is crucial to the hearings as the
majority of the assets were held by Charles Schwab for the two Trusts for
approximately $900,000. If Charles Schwab is not prepared to be present or is not
prepared at th hearing to bring documents and answer specific questions, then no
one will be ab to prosecute their Objections and make their defense. Charles
Schwab is the only impartial witness that can be expected to bring ALL DOCUMEN S
that Frederick . Gerber,1I has not produced and continues to refuse to produce.
If Charles chwab is not given sufficient time to prepare for their testimony for
the hearings, en the cross examination of this witness for over 4 years of monthly
statements co Id take an entire day if not more as each prosecutor would have to
ask them abo t each monthly statement which will be arduous and laborious not to
speak of the ti e factor. L>)Z 1-171) I r
17. A parallel concern is that the Court Record for the September 28 and 29,2004
concerning th PNC Accounting which involved extensive cross examination of
Frederick E. erber, II involving the Mildred J. Gerber Trust is NOT COMPLETE and
the Court Re rter, Ms. Jean Davis has left the company of Hughes, Albright,
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Foltz and Nat e and it has been over ONE MONTH since this stenographer has be n
working on thi Court record. Hughes, Albright, Foltz and Natale has confirmed with
me today, No mber 1,2004 that this Court Record will not be available until
November 3,2 04. This Court Record is two days of testimony and my experts shall
not have enou h time to read and prepare a report on this Court Record in addition
to reading and preparing all of the missing documents IF and WHEN they are
produced by F ederick E. Gerber,ll.
18. If Frederi E. Gerber,11 does not produce original documents for review; does t
produce the ssing documents and does not answer the Interrogatories until
k of November, it shall be IMPOSSIBLE for Marilyn Gerber's
experts to pre are their reports and be prepared for testimony and it will be CERTAI
that two and 1 2 days of hearings shall not be sufficient to go through every check
and verify inv tment statements and other data that are necessary for the Audit.
17. There re also several Petitions in this Court that deal with the Substitution of
Ms. Jacquelin Verney as the Prosecutor for the PNC Objections that have not bee
answered by ther counsel. There is also a Petition to Reinstate PNC Bank as the
Objector of th ir Objections which they filed on August 27,2004 on the Accountings.
There is also Petition for Sanctions against Frederick E. Gerber,1I pending before his
Court.
18. If this ourt does grant this Petitioner's Petition to Reinstate PNC Bank based
on the fact th were and remain to this day the Trustee of the Mildred J. Gerber Tru t,
then PNC Ba k shall also need additional time to prepare their prosecution of their
Objections for the two Trusts.
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19. This P ition for a Continuance has been necessitated because of the other
party's failure proceed in accordance with the Courts directions and orders. This
Petitioner has iled this Petition not to prejudice herself and requests that she have
a certainty of er evidence at the hearings. The time for discovery has been very sh rt
and Frederick . Gerber has done everything in his power to sabotage and
make a mock of this Court's orders. My expert witnesses cannot formulate a
complete acc nting of the two Trusts with the amount of missing documents. Even if
I were to recei e answers from my Interrogatories and all of the missing documents,
by November 2,2004, it will be virtually impossible for my experts to process the
information. ne of my expert witnesses is coming from a great distance and I woul
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not be able to et data to him for him to review and prepare a complete report. <::')1 I-i b' II '
20. There i one final solution to the issues raised in this Petition and that is I will
approach Mr. ichard Rupp and ask him if his client will produce the remaining
Accountings f r 2002 from July 8 2002 to December 31,2002, the Accountings for
2003 and 200 for the Fred E. Gerber,Sr. Trust which the Trustee has not produced or
this beneficia y or any other beneficiary and ask that this Court hear all of the
Objections for all the outstanding years. The Trustee would have to agree to freeze all
of the assets f the Fred E. Gerber,Sr. Trust and PNC Bank would agree to freeze II
of the assets f the Mildred J. Gerber Trust and upon resolution of all the Accountin s
and only ess tially disbursements of assets or funds would occur as for real estat
taxes for the altimore Property or for Federal or State income tax. The Trustee wo Id
have to agree to removed himself and have an impartial party administrate the Fred E.
Gerber, Sr. T st and upon resolution, the Fred E. Gerber,Sr. Trust would be dissol
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and the asset divided equally between the three children; Marilyn Gerber, Frederic
E. Gerber,1I a Jane Gerber Heflin. This Petitioner sees this as an efficient method
of resolving Tr st issues that will only repeatedly return to this Court over the next
several years. I shall inform this Court if any resolution is reached between all parti s.
WHEREF RE, this Petitioner, Marilyn Gerber requests that this Honorable Court
issue a ruling grant a Continuance of the hearings of the Fred E. Gerber,Sr. Trust
and the Mildre J. Gerber Trust.
In view of he impending Thanksgiving and Christmas Holidays and the fact that
the Petitioner ill be on vacation from December 24 through January 9,2004 and
airline tickets nd hotels have been booked it would be Marilyn Gerber's request
that these pro eedings proceed after the beginning of the New Year to be schedule
during the las week of January or the beginning of February 2005. This Petitioner
requests that is Court order that all outstanding motions be heard and hearings b
scheduled if n cessary and that Frederick E. Gerber,1I be ordered to produce all
documents, swer the Interrogatories by a stated deadline and that the Charles
Schwab witne s be identified and state that they are prepared to testify at the
hearings.
In the eve t that this Honorable Court requires a hearing, Marilyn Gerber reque s
that a hearing be scheduled.
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RESPECTFULLY SUBMITTED
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Marilyn b "ProSe
717 Market Street,#317
Lemoyne, PA 17043
717 503-5280
DATE: '-)1 (cl1:L {~t.U)74r y
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CERTIFICATE OF SERVICE
I, Marily Gerber, hereby certify that a true and correct copy of the attached
Petition for Co tinuance of the Auditor's Hearing of the Accountings as Ordered by
this Court of t Mildred J. Gerber Trust and the Fred E. Gerber, Sr. Trust Schedule
5,16,17,2004 Due to Insufficient Production of Documents by
'it..... " 1
Frederick E. rber,11 was served upon the following on the 1-' day of .!{~l;'ld '.I.
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November,20 4 by first class mail, postage prepaid addressed as follows:
Mr. Richard R ppEsquire
Rupp & Meikl
355 North 21 Street
Camp Hill,PA. 17011
Ms. Jacquelin VerneyEsquire
44 South Han ver Street
Carlisle,PA 1 103
Mr. William D ncan, Esquire
One Irvine Ro
Carlisle, PAn 7103
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Marilyn Gerber, Firo Se
E. HIBIT A
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August 24,200
Frederick E. Ge ber,1I
Richard Rupp, squire
255 North 21 st treet
Camp Hill, PA. 7011
Dear Richard:
I am enclo ng a copy of my original request to produce documents dated April
26,2004. Duri g the hearing with William Duncan on August 3,2004, it was decided
that your client, Frederick E. Gerber,1I would produce my original supoena for the
production of d cuments. As Fred is a party to this case, it does not require me to
serve him by s poena.
I am theref re resubmitting the first Request for the Production of Documents that
dated, April 26!2004 to you for your answer by September 3,2004 as scheduled by
William Dunca .
lam also s bmitting a Second Request for Production of Documents with
addi~ional requ sts and I have summarized my request of documents which I
requested in th April 26, 2004 so as to be very clear and specific as to what I am
requesting.
Fred has t Id me via telephone that he has all of the documents in four binders a d
ready for my r view. I am not sure if he is referring to one binder for each year which
wouti only me n accounting documents from 1998 to 2001. Fred has not complied
with the Court' original request for accounting including 2002 which would have be n
up to July 8,20 2. Will Fred produce this accounting and the documents?
I will requi, viewing the original documents against any copy of documents whic
are submitted .0 me. To accomplish this I shall have to come to your office and revie
the original dcument against each copy of a document. Your client is required to
produce these'documents by September 3,2004. I can come into your office on
August 30,Setember 2 or September 3. I would be in your office at approximately
093l!lAM and s ay until I complete the review of the original documents.
In an atte pt to prevent any surprises for the copying of documents, if your client s
going to charg me for the production of documents, I shall expect that the copying
charges shall e within the range of legal copying charges which is approximately
12 cents whic is what PNC charged me for my request for documents. If you intend
to clharge som thing different and above this cost, please inform me as I have the rig t
to have the or inal documents identified and sent out to a professional legal
document cop ing service at a reasonable rate.
If you ha any questions, please feel free to call me at 717 503-5280 as time is
short.
If Fred an I should arrive at an arbitration agreement prior to September 3,200 ,
then a new se edule for the production of documents and depositions shall be
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established by iIIiam Duncan. Fred waited 15 days before he responded to the
arbitration disc ssions of August 3,2004, thereby eating up time of discovery. We wil
have to continu on the schedule William Duncan established on August 3,2004 for
discovery and eposition.
Sincerely,
" II
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. 7{>u.Ulft,/jJ:Utl&(
Marilyn Gerber
IN RE: MILDR D J GERBER TRUST IN THE COURT OF COMMON PLEAS
UNDER AGRE MENT DATED CUMBERLAND COUNTY, PENNSYLVANI
DECEMBER 1 ,1997 ORPHANS' COURT DIVISION
NO. 21-2002-0540
IN RE: ESTAT OF FRED E. GERBER IN THE COURT OF COMMON PLEAS
UNDER AGRE MENT, dated CUMBERLAND COUNTY,PENNSYLVANI
July 29,1994 ORPHANS' COURT DIVISION
NO. 21-1998-0195
MARl YN GERBER'S REQUEST FOR PRODUCTION OF DOCUMENTS
DIRECTED TO FREDERICK E. GERBER,II
TO: Richard R pp, Esquire
Rupp & ikle
355 North 21 st Street
Camp Hill! PA 17011
PLEASE AKE NOTICE that you are hereby required pursuant to Pan R. Civ. P.
4009, as ame . ded, to produce for inspection, examination and copying, at the
agr~ed upon I cation between the aforementioned parties, not later than 30 days
after service 0 this request, the following documents. These Requests shall be
continuing. If ou or anyone acting on your behalf learns of additional documents
responsive to his Request, you shall produce such documents by Supplemental
Response.
EX' -Ih /1/ A
I. The Re uests for Production of Documents dated April 26,2004 from a supoe a
served on Fred rick E. Gerber,1I are included in this Request for Production of
Documents for he Trust of Mildred J Gerber and Fred E. Gerber,Sr. These are
numbered 1 th ough 35. and are enclosed in this Request for the Production of
Documents.
2. Caple of all the accounting, including monthly statements from Charles
Schwab for th Trust of Mildred J Gerber and Fred E. Gerber,Sr. from the beginning
of any or all tr nsactions with Charles Schwab for Mildred J Gerber and Fred E.
Gerber,Sr.
3. Caple of all accounting, including monthly statements from Charles Schwa
indicating loss s or gains from investments for the Trust of Mildred J Gerber and Fre
E. Gerber Sr. hese copies are to include the number of shares in any form of
inve$tment, th dates of the losses or gains and the amount for the two
aforementione Trusts. These copies are to list the investment tool, name of the
investment, a d origin and address of the investment item or tool if it is not a Charle
Schwab inves ment.
4. Copie of all other investments which includes but is not limited to stocks,
mutual funds, onds, checking accounts, cash, tangible items such as gold,
commodities THER THAN CHARLES SCHWAB. These copies are to include the
name of the in estment company, the account number, the value of the investment,
the monthly st tements, the dates of losses or gains and the amount for the
afore mention Trusts.
5. Copie of all checking accounts at any bank including the monthly statemen ,
the amount an source of all deposits and withdrawals and copies of all checks writt n
for the aforementioned Trusts.
of all documents, financial statements and deposits that established
the Mildred J. erber Trust and the Fred E. Gerber,Sr Trust. This request asks for the
first financial st tements that funded these aforementioned Trusts, the source of the
d these Trusts; the date the Trusts were funded; what the financial
funds consiste of such as cash, stock, bonds, property etc., at what financial instituti n
these were fu ' ded and any or all documents to anyone that established these Trust
and funded th m at their origin.
7. Copie of all life insurance, pensions, Social Security, cash, income, propert ,
investments t at were assigned to Mildred J Gerber and Fred E. Gerber,Sr. includin
copies of the n mes of each policy, amount of each policy, address of the company,
when the mon ys or investments were received by the Executor or Trustee and
copies of whe ! the moneys or investments or property were funded into the Trusts.
8. Co pie of all moneys, investments, property that were added to the Mildred J
Gerber Trust a d the Fred E. Gerber,Sr. Trust at any time after they were written and
funded and es ecially after any of the Trusts were amended.
9. Copie of all moneys, investments, property that were removed from the
Mildred J Ger er Trust and the Fred E. Gerber,Sr. Trust and redirected to any other
source other t an the copies of check disbursements that are being provided (front
and back) fro the monthly accounting statements. Example: copies of any money
transferred to checking account, to PNC Bank when they became Guardian of
Estate,
or any other i dividual not mentioned in the checks that were written on the account
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10. Copie of any investments made by Frederick E. Gerber,1I apart from Charle
Schwab or anY' other investment agency and copies of the source of these moneys
and where the e investments were made, the amounts and the gains or losses.
11. Copie of all checks or money orders received from Mr. and Mrs. Cross for th
Baltimore prop rty from January 1998 to present.
12. Copie of all expenses and checks written (front and back) for the Baltimore
Property from I 98 to present including the name of the expense, address, and recei t
or bill. These. xpenses would include any utilities, repairs, purchases for the home,
taxes, real est te taxes and any correspondence between the Cross's and Frederick
E. Gerber,1I or nyone representing the Cross's or Frederick E. Gerber,lI.
of all expenses for the property of 623 Hilltop Drive, New Cumberlan ,
PAn from 1998 0 present including the name of the expense, address and receipt or
bill. This woul include local and state taxes, real estate taxes, utility bills, repairs to
the home, pur hases for the home or Mildred J Gerber.
14. Copy f any home appraisal done for the 623 Hilltop Drive, New
Cumberland, A and the property in Baltimore by anyone other than the submitted
appraisals by NC which were conducted by George Clauser and Mr. Hickman
in 2001, 2002. These copies would include the appraisal performed by George
Clauser in 199 as he testified on December 16,2002; and any other appraisal
not disclosed . y PNC Bank that were ordered and paid for by anyone other than
PNC Bank.
15. All co respondence by Frederick E. Gerber,1I to Jane Heflin, Charles Schwa
PNC Bank, a investment or bank, Rhoads & Sinon, Betra, Sunrise Assisted Living
of Glen Ellyn h1 Chicago, Merritt in Lombard, Illinois, any attorney firm in Chicago,
any banks or a orney firm in Baltimore concerning the Baltimore property, any of the
grandchildren f Fred and Mildred Gerber, any accountant or CPA for Mildred or
Fred Gerber,S ,. any health insurance agency, any insurance company, any health
care worker a ociated with Mildred J Gerber, Sanders and Warren, hospitals, such
spital or any hospitals in Chicago area, Michelle Herold of Sunrise of
Glen Ellyn, Jo ie Grospe. This correspondence is for any reference to Mildred J
Gerber, Fred E. Gerber,Sr. , the Trusts, the accounting, legal issues with Marilyn
Gerber, perso al property, sale of any property. Correspondence includes e-mails 0
notes from tel phone conversations.
16. Copie of all correspondence to and from Richard Rupp ,Herbert Rupp
which:
addresses any information concerning Mildred J Gerber, Fred E. Gerber,Sr., the
Trusts, the inv stments of the Trusts, property of the Trusts, care of Mildred J Gerber,
Fred E. Gerbe ,Sr., insurance, care givers, hospitals, accounting, sale of the prope
17. Copie of all letters sent to Frederick E. Gerber, II by Marilyn Gerber either
directly to Fre erick E. Gerber,1I or to any of the attorneys representing Frederick E.
Gerber,1I or Mi dred J Gerber or Fred E. Gerber,l!.
18. Copi s or the original letters sent to Mildred J Gerber at her home at 623
HilltQP Drive, ew Cumberland from Marilyn Gerber and taken by Frederick E.
Gerber, II from; any health care worker who took these letters upon his orders.
19. Copy of the video tape made by Mildred J Gerber in 1999 when the Trust
was; amended I shall pay for the copying of this video but want to view it during the
discovery peri d.
of all versions of a will done by Mildred J Gerber or Fred E Gerber,S.
by any attorne either hand written or formally drawn up by an attorney or witnesses.
21. Copie of all items removed from the home of Mildred J Gerber from January
1998 to presen~ by any person as Jane Heflin, Frederick E. Gerber,lI, the grandchildr n
of Fred and Mil red Gerber or any spouse of the children of Fred and Mildred Gerber
of the china, crystal, and silver items (platters, bowls, pitchers,etc.),
jewelry remov d from the home of Mildred J Gerber from January 1998 to present.
of all IRS reports, State Income Tax reports along with all work
products to pr uce these reports for Fred E. Gerber,Sr. from 1998.
of all accounting reports produced for Fred E Gerber,Sr. by any
accountant, C A for Fred E.GerberSr.
25. Copie of all legal fees paid for the Mildred J Gerber Trust or Fred E Gerber,
Sr. Trust. Cop es are to include the billable hours from ANY attorney including
but not exclusi e of Herbert Rupp, Richard Rupp, Jacqueline Verney, Lindsay
Baird, any atta neys in Chicago area including the front and back of each payment
made to any a orney.
26, Copie listing all the checking accounts, investment companies that held
financial asset for the Trusts of Mildred J Geber and Fred E. Gerber,Sr. and copies
of all checks itten from such accounts (front and back) if they were not mentioned
uest above or in the previous requests #1-35 of April26,2004.
of all checks written by Frederick E. Gerber,1I from the period of
March 22,200 to present for the Trusts of Mildred J Gerber and Fred E. Gerber,Sr.
with copies of ach check (front and back).
28. Copie of any credit cards including the monthly statements for the Trusts of
Fred E. Gerber Sr. and Mildred J Gerber.
29. Copie of all income of any source for Mildred J Gerber from 1998 to present
including the onthly checking accounts, credit card accounts, savings accounts.
This would incl! de statements from PNC Bank, Dauphin Deposit which is now
M & T Bank or ny other financial institution that bore the names of Mildred J Gerber
Fred E. Gerbe,Sr. or Frederick E. Gerber,ll who operated as Executor or Trustee.
30. Copie of the IRS Reports and State Income Tax Reports for Mildred J Gerb r
from 1998 to pr sent that is not listed as a Trust Income Tax Report and for Fred E.
Gerber,Sr. that was not a Trust Income Tax Report.
31. Copie' of any documents removed from the attache cases, filing cabinets
of Fred E Gerer,Sr. upon his death on or after February 22,1998.
32. Copie of any moneys, assets, investments, property (tangible or intangible)
that exist outsi e the state of Pennsylvania in this country or any country outside the
USA. Provide opies of these assets from 1998 to present.
of any moneys, assets, investments, property (tangible or intangible)
that were assi ned by Fred E. Gerber,Sr. or Mildred J Gerber to anyone upon the
death of Fred . Gerber,Sr. or Mildred J Gerber. This would include copies of any
beneficiaries 0 any assets in any form to anyone outside the of the Gerber children
thein grandchil ren of anyone in the world. Example: were there any insurance
poliaies, mone s assigned to any other individual or entity. If the Gerber children or
the grandchild en or spouses of the children received any moneys from insurance
policies or wri n instrument, please provide copies.
of all moneys provided to Marilyn Gerber by Frederick E. Gerber,1I
from the Mildr J Gerber Trust or the Fred E. Gerber, Sr. Trust.
35. Copie of all loans made to ANYONE but especially any Gerber children or
their children 0 spouses by the Mildred J Gerber Trust or Fred E. Gerber,Sr. Trust.
Include copies from what financial institution these moneys were drawn from and the
copy of the fro t and back of each check, the loan agreement, terms of repayment.
36. Copie of all transactions, including monthly statements, gains and loses for
the Municipal artners Fund II and EquiServe and in which Trust these assets
exisl. Include opies of any sale of these investments with date, amount and to who
they were give or deposited.
37. Copi s of all the transactions including the gains and losses of Pan Am
Stock and in ich Trust these assets exist.
s of all documents for the Strong Fund investments including monthly
stattllments, tr nsactions, debits, deposits, gains and losses and sale of the assets a d
to whom they ere given or deposited.
39. In the Request of Documents dated April 26,2004, I am also adding the
name of the F ed E. Gerber, Sr. Trust to be added wherever the Mildred J. Gerber
Trust is listed 0 that questions that have documents for the Fred E. Gerber Trust
shall also be
40. Copi s of all correspondence to and from Charles Schwab concerning the
Trusts of Mildr d J Gerber and Fred E. Gerber.Sr. including correspondence to
Brian Ream, nd Jeff Roes. Correspondence includes e-mails, or notes from
telephone con ersations.
,
717 503-5280
DATE: L,
V
CERTIFICATE OF SERVICE
I he"" "'"fy thot 00 th. ~ of ~004' a tr"e eod ,",,,eel oop,
of tha foregoin "Request for Production of Documents to Frederick E. Gerber, II"
was served by means of next day air, UPS, upon the following:
Ja ueline M. Verney, Esquire
44 S uth Hanover Street
Carli Ie, PA 17013
Date:
E HIBIT B
Octdber 19.20 4
William Dunca . Esquire
One Irvine Ro
Carlisle, PAn 1
I conducte the deposition of Frederick E. Gerber,1I on Thursday, October 14,200
Prior to this d position, I had written Mr. Rupp and instructed him to have his client
bring the origi al documents so that I could review them. I had also requested that e
bring copies 0 the accounting, the Charles Schwab monthly statements. copies of a I
receipts and pies of the checks. Frederick E. Gerber,1I brought NOTHING. THe
excuse that w s offered was that they were not sure that the deposition would occur
and therefore id not bring anything. As you know, I confirmed on October 1.2004 t
Mr. Rupp and ourself that Fred's deposition would occur on October 14,2004.
nd Fred were late upon arrival and we did not start the deposition unti
0950. Mr. Ru p and Fred also took numerous breaks, existed the conference room n
numerous occ sions to confer and were also late coming back from an hour lunch
when they ha been offered to have lunch ordered in for them. In summary, Mr. Ru
and Fred did brilliant job of wasting time during the deposition. Mr. Rupp also did
restrain his wi ness and Fred harassed me, made demeaning comments to me off t
record and m de demeaning facial threats to me while no one was looking at him.
After the depo ition, while I was attempting to discuss matters with Mr. Rupp. Fred
continued to v rbally harass me. At one point, Fred stated that he wanted to be co-
se and repeat d this numerous times. I am confused at this point in time if Fred is
actually repre ented. I do know that I do the client to stop harassing me and ask tha
Mr. Rupp con rol his client.
I spent m st of the morning trying to discover where the documents were that I h d
made reques for. Mr. Rupp continuously answered for the witness, pointed
documents to him for his answer and whispered the answers to Fred within my reac
of hearing. red spent considerable time making comments which I did not ask hi
questions. 0 numerous occasions, Fred invoked your name and spoke into the co rt
reporter's mic ophone and addressed his answers to you or spoke to you. Fred wo Id
say, "Mr. Dun an, if you are listening...... Mr. Duncan, .....". Mr. Duncan while I realiz
that a pro se ealing with a hostile sibling is every attorneys nightmare, I feel that it i
inappropriate or a client to harass opposing counselor a pro se. I try to conduct
myself profes ionally and not engage my brother.
Mr. Rupp nd Fred NOW admit that they have several documents which they
NEVER sub itted per your order on September 3,2004. They admit to having lega
billable hour r ceipts and tax information regarding the two Trusts.
LX-1ft ;)IT..8
I did not co plete my deposition of Frederick E. Gerber,1I and by 4 p.m. I was still
asking Fred q estions concerning the Mildred J Gerber Trust. I did not get to conduc
any discovery bout the Fred E. Gerber, Sr. Trust. There are over 100 checks betwe n
the two Trusts, and I did not get to ask a fraction of my questions about distribution
of moneys fro the two Trusts concerning these checks.
My final is ue is that there is a problem with the third amended version of the Fre
E. Gerber, Sr. rust. As you know, this Court ordered Frederick E. Gerber, II to provid
accounting for he Mildred J. Gerber Trust and the Fred E. Gerber,Sr. Trust by July
8,2004. PNC ank filed objections as well as I that Fred did not provide any
accounting for the year 2002 from January to July 2002. Mr. Rupp filed in late
November an mended accounting on the Fred E. Gerber,Sr. Trust but did not provi e
any accountin for 2002. On or about December 4,2002, Mr. Rupp filed an amende
version of the red E. Gerber,Sr. Trust that included accounting from January 1,200
to August 20,2 02.
I appeare before Judge Hoffer in 2003 concerning the amended accountings a
filed my object ons as well as I pointed out to Judge Hoffer that these amended
accountings w re part of the Court's order of June 2002. Judge Hoffer agreed and i
was my under tanding that he included these accountings in his directives to you.
Mr. Rupp bjected to my questions about the 2002 accounting of the Fred E.
GerlJer,Sr. Tru t. He stated that you were not assigned this 2002 accounting.
However on 0 about November 24,2002, Judge Hoffer ordered the audit for the
original citatio that PNC Bank issued to Frederick E. Gerber,11 in June 2002. There
has NEVER b en any ruling excluding this 2002 accounting. Mr. Rupp has NEVER
filed any moti n to exclude this 2002 accounting. As far as I am concerned, this 200
accounting is art of the Court's ordered audit.
If you und rstand this to be different Mr. Duncan, then I would appreciate you
response to th s issue. Fred did not provide any checks, receipts, or documents for t e
2002 accounti g from January 1,2002 to August 20,2002. I want to point out that th
fact the Fred rovided accounting in December 2002 only to essentially July/August
2002 was the ate, missing accounting as ordered by this Court in June 2002. One
has to ask wh Fred did not include accounting in December 2002 for September,
October, Nov
The other ssue is that is Mr. Rupp does manage to exclude the accountings for
2002, there is the issue that we will all be returning to this Court to have a hearing 0
this 2002 ace unting as I shall certainly object as would PNC Bank who is still the
Trustee for Mi dred J Gerber and was the Trustee of Mildred J. Gerber in August 20
as she was sti I alive and a beneficiary of the Fred E. Gerber,Sr. Trust. In the
accounting of he Fred E. Gerber,Sr. Trust, Fred made over $32,000 in expenditures
for the care of Mildred J Gerber when PNC Bank was the Guardian of Estate. Fred
issued a $30, 00 for legal fees for Mildred J Gerber while she was alive and PNC
Bank was the uardian of Estate for Mildred J. Gerber. The Fred E. Gerber,Sr. Trust
was written es entially for the children of Fred E. Gerber,Sr. and Mildred J Gerber w s
to use these T ust funds only if she exhausted all of her moneys from her own Trust.
Time is no of the essence. I have grave concerns that I have not been able to
conduct disco ry about the Fred E. Gerber,Sr. Trust much less complete my
discovery con erning the Mildred J. Gerber Trust on October 14,2004. It is my opini n
that based on he hearings last month with PNC Bank that two days will not be
sufficient to co duct these hearings on November 15,16 especially since there will b
7 expert witne ses.
I do not wi h to beat a dead horse Mr. Duncan, but these two Trusts amount to 4
and 1/2 years f accounting for approximately $1 million dollars. I know that these
matters have t ailed for two years and that you are eager to complete your audit.
However, I req ire adequate time to conduct discovery of a Trustee who
communicated no information until he was ordered to do so in June 2002. I therefor ,
make the folio ing request and ask for your consideration.
1. I be alia ed to continue my deposition of Frederick E. Gerber,1I to complete m
discovery of th Mildred J. Gerber Trust and to start my discovery of the Fred E.
Gerber,Sr. Tru t.
2. That an ther day be added to the audit hearings to include November 15,16,
and 17,2004.
3. I wish t request that you provide some additional time to provide you with the
brief that you ave required on December 20,2004. As you know, you provided thre
months of disc very for the PNC Bank matters, you changed the date of the hearings
based on insu icient time for me to go through 4,000 pages of discovery by a month
(which essenti lIy provided each party with 4 months of discovery) and you have
provided two onths from the September 28,29,2004 hearings to submit the brief.
Currently, ou have allowed 2 months of discovery starting on August 3,2004.
Frederick E. G rber,11 only submitted to his deposition on October 14,2004. You are
will be ruling 0 issues of missing documents, discovery, witnesses, etc. on October
25,2004. The earings then start on November 15,2004. If you will be ruling on
missing docu ents and discovery, there is also the issue that I have to have sufficie t
time for my ex erts to examine and prepare their testimony and reports. You then
essentially pro ide only a month to submit the brief.
I would lik to suggest Mr. Duncan that with the Thanksgiving Holidays and the
Christmas holi ays the week of December 20, 2004 that with the PNC Bank brief du
December 1 a d then the December 20,2004 brief due, I do not foresee being able t
accomplish th deadline of the December 20,2004 brief. If anyone acquires the flu
during this tim ,it will be worse. I was seriously ill from the flu for the last two years i
December. I ill not be available from December 24,2004 through January 9,2005
and if you are oing to extend the schedule that you allow for the Christmas season
and extend the brief until the end of January 2005 please.
I ask that y u consider some changes so that I will not be forced to file automatic
appeals. Ther is also the obvious that I do not see how you will be able to sign off t e
audit if you ar not provided with complete disclosure and financial information.
,
Sincerely, (i
.~udgf7(-':!lc~1uc
cc. Ms. Verne , Mr. Rupp MaHyn Gerber,Pro Se
E HIBIT C
-.- -----~ --,.....~.. .....u~. ......_ F.L.... ~........,-,..........,. ....... LUI.r \JLLll....JH. J. 1"'1'-' \..,.~'C;LUVH;:, WUl\;U lUcty vary lIU
those fi ed originally.
! J / MaTk.et :>
Lemoyne, P A
: Audito..,hip .No. 21-1998-0195
Dear Counsel:
Here is update fOT Ollr hearings to be conducted on November 15, 16 and 17, 2004.
ask the parties t provide me w.th the out~tanding issues related to discovery and procedure fo
the hearings.
1. Plea-re n te that we will <,;onduct the hearings on November 15", 16th and until 12:30 p.
on the I h
2. The dea lines for providing Briefs to the Auditor shall be extended as to Marilyn GeT r
until Jan ry 12, 2005.
, There wi II be no further .lepositions as to Colonel Fred Gerber. as he will be a witness
-',
However. further Interrogatories may be filed for his response prior to
4. TheTe sh II be no deposi t ions of Mari Iyn Gerber prior to the Hearings, as she will be a
witness. However, furth'.;r Interrogatories may be filed for her response prior to the
Hearing.
5. The sam stenographer who appeared at the October Hearings shall be employed for the
Novcm r 15, 16 and 17 2004, Hearings. Mr. Rupp shalJ makcthe arrangements for th
same.
6. A status port shall be provided as to the eurrent PNC Objections which may vary from
those ti.1 originally.
,. Tnt' #/
l~),/jf11-;/ -
71 77377115 THE UPS STORE AGE 01
10/28/2004 14: 19
October 25, 20
Page 2
7. The pa 'cs will enter into Stipulations consistent with the fonnat employed at the fo er
Hearing . A pre-Hearing Memorandum and Brief outlining the relevant issucs and leg
authori shall be submitted to the Auditor on or before November 10, 2004. This
docum ts shall contain the identity of witnesses, as well as, which case shall proceed
first.
8. ipts or checks to be relied upon by the Accountant shall be produced in legibl
e Hearing. The schedule of witnesses, even if out of order, shall be stipulat by
-",-..- Thank y u for your anticipated cooperation.
Yours truly,
William A. Duncan, Esquire
Auditor
W AD/skg
10/28/2004 14: 17 7177377115 THE UPS STORE GE 01
. .. -I!I ._I.~-=__, - .
. ...,....-...- _. -~
~---- .-.' -.----
Duncan & Bartman, P.C.
Attorneys at L"w
One Irvine Row
Carlislc, Pennsylvania 17013
William A. Duncan (71 ) 249-7780
Su~an 1. Hartman FAX (71 ) 249-7800
dhdJaw@pl etcable. net
October 25, 2004
Richard C. Ru , Esquire Jacqueline M. Verney, Esquire
Rupp and Meik e 44 South Hanover Street
355 North 21". tree!. Suite 20' Carlisle, P A 17013
Camp Hill, PA 17011
Marilyn Gerber
717 Market S
Lemoyne, P A
: Auditor~hip No. 21-2002-0540
Dear Coun~el:
Here is update for o"r hearings to be conducted on November 15, 16 and 17,2004.
ask the parties t ) provide me VI i th the outstanding issues relatcd to discovery and procedure fo
the hearings.
1. Please n Ie that we will conduct the hearings on November 15th, 16'" and until 12:30 p.
on the I "
2, The dea lines tor rOYidin~ Briefs to the Auditor shall be extended as to Maril)1) Ger r
11. ~M~.
3. There wi I be no further depositions as to Colonel Fred Gerber, as. he will be a '7'tness
the H &5. However further Interrogatories may be filed for hiS response pnor to th
Hearing.
4. There s 11 be no depo, i liotls of Marilyn Gerber prior to the HE:aring~, as shE: will be a
witness. However, fiu'1'ler Interrogatories may be filed for her response prior to the
Hearing
5. ~tenographer who appeared at the October Hearings shall be employed for th
r 15, 16 and J 7, 2004, Hearings. Mr. Rupp shall make the arrangements for e
6. ^ sf;U1ISo r(';nntt o;;:h::llll}"""" nTnvirl""rI oQ~ fro ~,h"" ....~~_""....+ DlI.Tr- Al..:~~.:~_~ .~.1.:~1.. ~___ _____ .1:'___..
October 28,2 04
Mr. William 0 ncan
One Irvine Ro
Carlisle, PA 1 103
I did not r ceive your letter of October 25,2004 until today's mail, October 28,200
I am not sure hy it took 3 days for me to receive this from Carlisle. I faxed to you thi
week, a six p ge letter in which I addressed my concerns regarding a letter which
Mr. Richard R pp dated October 11,2004 regarding his responses regarding my
requests for di covery. As you know, I stated that I had only received this letter on
October 22,2 4 and I questioned the validity of his dates and essentially the issue
that I have no received my requests for production of documents. This letter was
faxed to you FTER you sent sent your letter of October 25,2004 to all counsel with
your decision regarding our concerns about discovery and procedure for the
hearings.
I have sev ral questions as I do not clearly understand some of your decisions a d
ask for further clarification.
1. In para raphs 3 and 4, you state that there will be no further depositions as to
Fred Gerber 0 myself but you state that further Interrogatories may be filed for his
response or ine prior to the Hearing. You have not mentioned a deadline for the
response for n Interrogatories that you say may be filed. I would like to point out
that I just receved your letter today. Tomorrow is Friday and it will take me a few
days to type u interrogatories. Even with next day air, Fred's attorney would best
receive them t e earliest November 2,2004. He would have to have time to answer
and produce ocuments to each answer. For example, there were approximately, 3 0
checks written A questions on each check, missing receipts, losses, missing
investments, issing tax information would take a while. If Mr. Rupp does not produ e
answers by a eadline established by you then it is quite possible that I could recei
his answers b November 12,Friday. I must have time to allow my experts to exami e
these answer and these interrogatories will be financial in nature with expected
financial infor ation that is missing at this current point in time. As this is an audit, y u
will not be abl to sign off on as Auditor and as Objector, I shall not be able to make
my defense 0 information that I cannot physically process due to insufficient time.
There is also t e issue of time that my experts can be available not to speak of the
additional exp nse.
2. I have ceived interrogatories from Mr. Rupp which I must answer by Novem er
4,2004. He w II have his interrogatories and I shall still be waiting for my answers to
my interrogat ries as you have now given me permission to file Interrogatories upo
Fred in lieu of a continued deposition. However, I am willing to bet a million dollars
r/
cc'Xff!Ot T~"' z
that Fred will bject to every interrogatory as being a. the don't understand my
questions, b. t ey object to the question based as it is private, burdensome, irreleva t,
or any numbe of their past answers which avoided an sort of discovery requests.
3. I am co pletely confused as to your request that a status report shall be
provided as to the current PNC Objections which may vary from those filed originall
Are you intim ting that Ms. Verney has the legal right to change or alter the objectio s
that PNC fHle on August 27,2004? Are you intimating that Ms. Verney has the leg
right to vacate rewrite or alter PNC's objections? If so, I must object and upon your
response I sh II file the appropriate petition before the Court as it is my understandi g
that Ms. Vern y was substituted to prosecute PNC 's objections. As you have recei ed
by now, I hav filed a Petition to have PNC reinstated based on the legal fact that ar
and have alw ys been the Trustee who initiated their Petition for Accounting and th y
continue to co lect fees as Trustee for the Mildred J. Gerber Trust and still act as the
Guardian of E tate and maintain her estate assets and make investments and colle t
fees upon her Estate and Trust assets and investments. PNC Bank cannot have it
both ways an I have asked the Court to hear my petition.
4. I thank ou for the additional third day, but I have to ask you why you think that
three and half more hours will complete these hearings when 1/2 hour will be spent on
business, Mr. Rupp will more than likely be late as always and with everyone's closi g
statements, I o not see that the 7 experts shall have time to be re-examined based n
the other exp rts testimony. I ask that my 2 experts be allowed to hear the testimon
of Mr. Rupp's xperts FIRST, so that they can respond. I need for this to happen on he
same day, as y experts shall be coming from a distance and I cannot afford to payor
two days, lod ing and expenses. I beg you and this Court to understand that my
brother has ta en over $60,000 of Trust moneys from both of the two Trusts to hire
attorneys, pay for experts, etc.
5. In para raph 7, you ask all parties to enter into Stipulations yet you do not giv
us a deadline. I have never been able in six and half years to get Mr. Rupp or
Ms.Verney to espond to my letters or phone calls. PNC Bank even testified that the
had difficulty ith Mr. Rupp and my brother when he was Trustee of the Mildred J.
Genber Trust hich resulted in their taking the Trust away from my brother. My brot
is correspond nce to PNC Bank has complained that Mr. Rupp has not kept him
informed and NC Bank has also had to explain to my brother that they have kept r.
Rupp informe when he complained that PNC Bank did not keep him informed. Do
you see my pint. I have NO FAITH that we will arrive at stipulations. If you remem er
for the PNC h arings, we were all present and even to the day of the hearings, Ms.
Christine had 0 call her secretary and have a fax sent to the Courthouse to complet
our stipulatio s. With Mr. Rupp and Ms Vereney, will they have a secretary poised t
rush a dictate letter? I do not have a secretary. I STRONGLY SUGGEST THAT A
MEETING BE SET UP OR AT THE VERY LEAST A TELEPHONE CONFERENCE T
ACCOMPLIS THIS. Mr. Rupp and Ms Verney blow me off because I am Pro Se a d
they do not a t professionally with me as you witnessed on September 20,2004 wh n
Ms. Verney w s still making unfounded accusations at me of what I allegedly did to
mother and M . Rupp participated in harassing me during my deposition of Fred on
October 14,20 4.
6. In para raph 8, you state that receipts or checks to be relied upon by the
Accountant sh II be produced in legible form at the hearing. Are you stating that yo
expect my ex erts to do through checks and missing receipts that amount to over 80 Yo
of missing rec ipts and make an instant evaluation and then testify at the Hearing?
My experts wil only be available for one day. When will they or I have the time to
process 80% f the missing receipts for approximately 300 checks? I must beg to
say, it is IMP SSIBLE and these missing receipts receipts are part of missing
discovery that was made not only on April 26,2004 but again on August 26,2004.
I ask respectf lIy that you explain your decision on this.
For all of t e above reasons and with the list which I will provide below of all of t
missing docu ents which I have requested since April and August 2004, I again mu t
ask you to res hedule these hearings. I must ask you in the vernacular,"what's the
rush". I realiz that you are attempting to wrap this up, but you stated in July 2004 th t
a decision co Id not be made unless we ALL knew what was in the "Gerber bag of
money". I ha e nothing on the year 2002 but line accounting, no checks, no receipt
and no docu ents for 2002. Mr. Rupp filed this accounting in December as he did
with other am nded and restated accountings that were due
on July 8,200 and were ordered by Judge Hoffer. I attended the March 4,2004 Co
where Judge offer asked me about my objections to the December 30,2004
accounting, I old him that this accounting for the Fred E. Gerber Trust for year 2002
was ordered the Court on June 2002 and that it had to be incorporated into your
Audit or we w uld be back to Court forever. Mr. Rupp is REFUSING to provide any
documents fo 2002. I need a decision from you on this or I will have to file a Petitio
with the Court If you and/or the Court agree with my legal assessment, then PNC
Bank or Ms.V rney and I shall need time to file our responses and will demand
documents on the ordered 2002 accounting. If you and/or the Court delay on this
ruling then yo will be forced to reschedule the hearings or have an additional hear ng
and WHEN W LL THIS END.
I must poi t out to you that Fred has employed every operational and tactical
tool and trick 0 delay these proceedings since November 2002 including using the
Soldiers' Reli f Act when he had returned from Iraq in December 2003, his Iraq ord
had expired a d he only relented until August 3, 2004. As you stated in the August
3,2004 hearin ,I had the right to ask the Court for a hearing on this issue as you
refused to all me to ask questions on this hearing on August 3,2004. The Pentag n
has informed e that they will answer all questions about January 1,2004 to Augus
2,2004 upon t is Court's request. I shall proceed with this.
I am not s eking needless sympathy but Fred and his attorney, Mr. Rupp have
effectively del yed these proceedings for two years. For two years they have know
that they woul have to produce documents. For almost 7 years, Fred has had to
manage two rusts and had fiduciary responsibilities. I have had from August 3 to
September 3, 004 to receive documents. I have not received the crucial document
that I need. F ed made a mockery of my deposition of him. Fred states that he does
not have docu ents yet each week Mr. Rupp states that they are making attempts to
complete the iIIable hours, seek the tax information from the accountant, and look
further for doc ments. It is now October 28,2004 and I have to RUSH to send out
interrogatorie that I have not a chance in receiving in time for the hearing much les
for my experts to examine and tabulate and prepare answers for their testimony.
If no decis on is made on year 2002, the Court will have to rule on new hearings
and then ther is the accounting for 2003,2004 of the Fred E. Gerber,Sr Trust which
Fred as Trust e still has not filed or provided to any beneficiary despite my numerou
requests.
There is n doubt in my mind that I shall be unable with the current schedule to
support my ob'ections and make my defense due to incomplete financial informatio
The obvious c nclusion shall be an automatic appeal based on inadequate time an
incomplete do uments due to Mr. Rupp's concealing of evidence.
Mr. Dunca you had no difficulty in extending the hearings by a month when PN
dropped 4,00 pages on me, now the issue is that Mr. Rupp is concealing documen
and evidence nd there cannot be a hearing without in effect his 4,000 pages. If PN
could create 4 000 pages with only the administration of one Trust for only 14 month
and one estat for 24 months, and Fred has managed two Trusts of $1 million dollar
for 41/2 year (56 months) do you think that 300 checks and approximately
10 pages of c rrespondence is ALL OF THE DOCUMENTS THAT THEY HAVE? As
have shared ith you this week in my 6 page letter concerning Mr. Rupp's letter to y u
dated October 11,2004. I NOW have evidence which I wish to enter into evidence t at
Mr. Rupp is concealing evidence. PLEASE I ASK FOR A HEARING AND A
CONTINUAN E OF THESE HEARINGS.
THE FOL WING ARE THE STILL MISSING DOCUMENTS AND UNANSWER D
DOCUMENT AT ISSUE:
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E HIBIT D
I ,
October 11,2 04
Mr. William D ncan, Esquire
One Irvine Ro
Carlisle, PA 1 01113
In respons to the October 11,2004 to respond to discovery issues, I have the
following poin to respond to:
1. I have Iready responded to the request by Mr. Rupp to depose me which
essentially wo Id be futile as I am not privy to ANY information concerning my
brother's Accounting of the two Trusts.
2. I have tated in my October 1 ,2004 letter that I would bring expert witnesses
for the Novem er 15,16,2004 hearing. I shall bring an expert to testify on the fee
issues, the Tr sts management, and the Accounting. I shall bring another expert to
testify on the i. vestment issues for the two Trusts.
3. My exp rt for the investment issues at this point in time can only come on
November 16, 004. He and I both request that we hear the testimony of Charles
Schwab prior 0 his testimony. On September 20, 2004 in your office all counsel
agreed that Carles Schwab would bring an individual that could testify on all of the
financial infor ation for the two Trusts. I in my October 1,2004 requested that the
individual fro Charles Schwab bring all the documents so that he could produce a d
testify from do uments. I also asked that I receive a letter head from Charles Schwa
stating who th individual would be and that he would be prepared to testify on all t
financial infor ation for the two Trusts.
My expert itness has now brought up an issue that the following documents
would be requ red to testify on the investments, the losses, and the management of t e
investments b Frederick E. Gerber,l!. He states that his needs the information on th
assets and fu ds that funded both Trusts. My Dad's Trust was funded in 1994. My
mother's Trust was funded on December 19,1997. Fred has not produced any
information pe my two Requests for Documents on April 26,2004 and August 24,20 4
on the funding of the two Trusts, nor has he produced any correspondence, notes, 0
any informatio on the investment management for approximately $900,000. Fred h s
produced only the monthly statements from Charles Schwab. He has not produced
any statement for Jan to July 2002, yet he did produce line accounting on Decemb r
4,2002 for Jan to August 20,2004. This 2002 Accounting was accepted by Judge
Hoffer as part f the original Court order in June 2002 and has to be heard during th s
audit.
My expert Iso has pointed out that without any information as to the manageme
of the Fred E. erber,Sr. Trust created in 1994, how it was managed and then how
Fred manage it there is no way to provide a complete picture of my brother's
cr;' 1116, j)
investment los es and management of Dad's Trust. The same is true for the Mildre J
Gerber Trust reated in 1997. His testimony will be based only on speculation. Chari s
Schwab does owever have all of the information for both Trusts. I wanted to supoe a
Charles Schw b and you denied me this request.
The crucia issues of these two Trust Accountings are the substantial losses as II
as the invest ents and lack of fiduciary management. An expert should have acces
to all of the Carles Schwab Accounting. I as an objector should have access to all f
the Charles S hwab documents for the two Trusts. In essence, without having Char es
Schwab's enti e documents and investment portfolio on the two Trusts and Fred's
lack of docum nts, I cannot present a comprehensive objection and defense.
Therefore, I request that Charles Schwab produce their documents for the
complete Fred E. Gerber,Sr. Trust from 1994 and the Mildred J Gerber Trust from
December 19,1 97 prior to the hearing and within the new two weeks minimum. We
have all waite for two years to hear this case. I only received minimum
documentatio from Fred on September 3,2004. Approximately one month later, m
experts have ery little to work with and I fear that you will not be able to sign off on t is
Audit and you order might very well be an order for a forensic audit. There will
ultimately be t e future accounting for the rest of 2002,2003 and 2004 for me to deal
with as Fred h s not produced any accounting or fiduciary accounting for the
beneficiaries ince July 2002.
There are Iso missing documents on the Municipal Partners Fund for 23,000
shares that P C addressed with Fred in 2003. Where is this investment and the
documents.
4. As the s Verney's request to stipulate to the fee schedule from PNC Bank, I
afraid that Ms Verney does not clearly understand the issues of the fee objections a
filed by PNC ank and myself. I cannot stipulate to PNC Bank's fee schedule. I
believe that M Verney stated that she would have someone bring an expert on fee
The fee sched Ie is a complex one for both of the Trusts.
5. Again, I must request that Fred produce all of his correspondence, memos,
letters, e-mail that he communicated to PNC Bank, all letters that his attorney sent t
me or anyone else regarding the Trust, all other documents on the Trusts, all the
income tax for s and reports that he issued checks for, all of the accounting work
product that his accountant produced and he was sent checks for, all of the receipts or
each check th t he did not produce, all of the federal estate and trust reports, the
video, and all f the document requests that I made in April and August 2004.
6. When ill will all counsel stipulate to the list and order of witnesses for
November 15,16. I am becoming concerned that we might not finish with all of the
expert witnes es if Mr. Rupp is bringing 2, I am bringing 2, there is Charles Schwab,
Ms Verney's ossible expert witness, then the cross examination of my brother and r.
Rupp's cross xamination and then Ms. Verney's. Would you consider another third
day, Novembe 17,2004 if necessary. I have to bring my witnesses in from a distanc
and deal with ravel, and hotel issues. My two witnesses could easily take up one d y.
I await you decisions by October 25,2004
Sincerely" If 1
'/~i~
Man yn G:rb r,Pro Se
cc: Mr. Rupp
Ms Verne
E HIBIT E
Mr. William D ncan
One Irvine Ro
Carlisle, PA. 1 103
ding to a letter dated October 11,2004 to you regarding my concerns
I have so e very serious concerns about this letter for the following reasons. I
just received t is letter on October 22,2004. What is suspicious about this letter is th
there is no ca celed date on the envelope, the letter is hand addressed to me, writte
in a hurry and here is no doubt in my mind that this letter was hand delivered and
was never mai ed for a very good reason. I do not believe that this letter was really
written on Oct ber 11,2004. If it was, why wasn't it sent to me, and why didn't I recei e
it until Octobe 22,2004? There are no marks on the envelope and it is impossible t at
this letter was ver mailed. I believe that this letter was actually written just last wee
and after the ctober 14,2004 deposition of Frederick E. Gerber and the the October
11,2004 date as to make us all believe that he wrote his objections to you within th
deadline that ou established.
I want to a dress each point that Mr. Rupp made in his letter. On the first page,
paragraph, Mr. Rupp states that he does not understand my letter to him of Septemb r
27,2004 yet h does state what he does not understand. A great way to stall!
In paragra h 3, Mr. Rupp disputes my request for "extensive documentation" that
was served by supoena on Frederick E. Gerber II on April 26,2004. It was my
understanding that when Fred waived his Soldier's Relief Act that you stipulated tha
he would hav to answer the April 26,2004 supoena and appear for a deposition th t
was also serv d upon him on April 26,2004. I believe that you waived my having
to renew my s poena upon Fred due to time issues and the upcoming hearings at
the end of Se ember for the PNC accountings. As of today, Fred has not produced
my request for documents for the PNC accountings as Judge Oler only signed this
over to you on September 29,2004.
In paragra h 5, Mr. Rupp objects to my supoena as it exceeds the allowable
number for re uest for production of documents. Mr. Rupp brings up this issue now.
Mr. Rupp has ever once brought up any issue and if I recall the Pennsylvania Rule
of Civil Proced re, it is at the desecration of the Judged to decide.
In paragra h 6, Mr. Rupp objects that my Request for Production of Documents
were repetitive, yet he does not point out which requests were repetitive and be
c9-thh, I C
specific as yo asked all of us to outline. Mr. Rupp is well past his deadline to objec
and never file his objections with this Court as I did with Judge Oler.
h 7, I do not understand what he is saying in this last sentence.
On page 2, paragraph 1, Mr. Rupp wrote a typographical error and meant to writ
that Ms. Gerb r states that we did NOT file objections..... I am correct that Mr. Rupp
did not file obj ctions for the Fred E. Gerber,Trust. but instead filed objections for
the Mildred J. erber Estate and the Mildred J. Gerber Trust. Mr. Rupp to the best of
my knowledg did not file these objections with the Court but sent only a copy to yo
and if Mr. Rup did indeed file a copy of his objections to the Court then where is th
Certificate of ervice. In his objections, he does not identify which objections he
is filling again t and for which hearing and for which accountings, PNC or his
client.
On page 2 paragraph Mr. Rupp tries to make you believe that I combined my
request for pr duction of documents for the Mildred J. Gerber Trust and the Fred E.
Gerber,Trust nd therefore that explains why they made the mistake and did not
file their objec ions for the Fred E.Gerber Trust. I have no words to explain this
vain attempt t make an excuse for their continued mistakes, and attempts to avoid
producing doc ments and discovery. I did indeed make separate requests for the
production of ocuments for the two Trusts. The simple truth is that Mr. Rupp did not
file his objecti ns for the Fred E. Gerber Trust and they do not obviously match
my requests.
On page , paragraph 3, I do believe that I have established a foundation for
sanctions against Frederick E. Gerber. What else could Mr. Rupp say? Mr. Rupp an
Fred have kn wn about there need to file accountings since 1998. From the time th
the Court app inted you as auditor TWO YEARS ago, they knew they would have to
produce docu ents. Fred was supoened in April 2004, the production of document
is NOT NEW EWS. Mr. Rupp is STALLING!!
On page 2 paragraph 4, Mr. Rupp states that they will make further attempts to
look for docu ents. Fred has stated in his deposition on September 27 and in his
deposition of ctober 14,2004 that he has produced ALL of his documents. Where
will they magi ally come up with these documents? They have had TWO YEARS to
search for their documents? I believe that they do have the documents therefore
my foundation for sanctions.
On page 2 paragraph 5, Mr. Rupp stated that he will attempt to come with better
copies of che ks and statements but states that I have not indicated which ones. If
Fred had exa ined the copies of documents that were sent to me by Mr. Rupp or if
Mr. Rupp had examined the copies that were sent to me, he would have seen c1earl
that many, m y of the checks were too dark to read. They deliberately sent these
checks out kn wing that I would object. Anyone would know that they would have t
set the photo pying machine on a lighter setting. What about that $1,000 copying
machine that red charged our mother's Trust for Trust management? Doesn't it
work? or is Fr d too lazy to complete the job accurately?
On page 2 paragraph 6 and 8, Fred has known all along that I have requested t e
front and BAC of each check especially since the supoena on April 26,2004 and
the Request f r Documents on August 24,2004. Fred should know that all he has to
do is make a r quest with Charles Schwab and as a Trustee of the two Trusts, all he
had to do was order these checks and not tamper with the original check book that e
wrote checks f om.
On page 2 paragraph 7, Mr. Rupp is not SPECIFIC about which requests are
excessive, irre evant and redundant. Mr. Rupp is not clear about what is incomplete
about my requ st for production of documents.
On page 2 paragraph 9, Mr. Rupp writes such a tortured sentence that I am not
sure what he i trying to say. But if I am correct in my interpretation, I think Mr. Rupp
is trying to scr mble and save the fact that he DID NOT FILE OBJECTIONS TO the
Fred E. Gerbe ,Sr. Trust. I made specific requests in both my April 26 and my Augus
24,2004 reque t for production of documents for the Fred E. Gerber, Sr. Trust and th
Mildred J. Ger er Trust. Is it possible that Mr. Rupp cannot read the distinction, then
this is his mist ke and he did not serve his client.
On page 3 paragraph 2, I DO INDEED request to view the original documents.
This was in m original supoena and it is my right under the Pennsylvania Rules of
Civil Procedur . In light of the hostility and especially since there is a $1 million at
stake, and es ecially many of the receipts are folded over, not visible and not
identifiable, I c rtainly do make a DEMAND to view the originals. What is the proble
here,Fred stat d in his deposition and in his tenants of his Trust management, that h
kept an OPEN BOOK style of management, nothing to hide? This is not an unusual
request in the aw and has been done I imagine for at least over a 100 years.
Again,this is a attempt to avoid examination and a veiled attempt to protect his clie
On page 3, paragraph 3, HERE IS THE PROOF that Mr. Rupp did not write this
letter on Octo er 11,2004. I NEVER brought up this issue of documents already file
on record. I 0 L Y brought up this issue in Frederick E. Gerber's deposition on Oct.
14,2004. This is on the record and Mr. Rupp stated that he will happy to produce the
He only said t is on October 14,2004 NOT October 11,2004. During Fred's
deposition, he stated that he did not make a COPY of the documents which he sent t
me. If Mr. Ru p does not send ALL of the documents on file and record then this will
leave the roo open for argument that they did not have the time to examine all
records and al documents filed of record. I must point out that PNC Bank had no
difficulty in pro ucing their records and documents. PNC Bank provided every
shred of docu ents and MORE for a total of 4,000 pages. As I have already pointed
out, Mr. Rupp as produced less than 500 pages for accounting for 4 years and has
yet to produce any requested documents for 2002. What is the problem? If Mr. Rup
and Fred does not have a list of what they produced, then when I admit my documen s
to this Court, t ey will object that pages are NEW or ADDED or missing. This is
exactly what r. Rupp wants. I suggest that Mr. Rupp review the Pennslyvania Rule
of Civil Procedure and reread what it means to produce ALL DOCUMENTS that are
requested.
On page 3 paragraph 4, I have grave concerns what is taking so long in produci g
legal fees. Th se legal fees per the tenants of the Pennsylvania Bar Association, an
the ethic regul tions stipulate that they must create billable hours and identify the
purpose of the fees and for what work product, issue,etc. I now believe that Mr. Rup
is constructing these fees. His statement is that they are" intending to provide as mu
detail as possi Ie and will produce such information." Where was the detail in
1998,1999,200 ,2001, 2002? I shall file a motion for sanctions. Mr. Rupp is now fac d
with approxim tely $100,000 and more in legal fees that he has refused to provide p
to now. The e amination of Rhoads & Sinon's legal fees should be a CLUE to Mr.
Rupp!! This al 0 means that the fees from Ms. Verney and Ms Laird are suspect as
they have not een produced. It is clear that Mr. Rupp and his client are having gre
difficulty in pr ucing their fees.
On page 3, paragraph 5, again Mr. Rupp repeats himself in his sentence phrasin
and it is UNC EAR if he is referring to something else of the nature of tax returns
because he re eats the phrase, income tax returns TWICE. Again, I asked for this
in the depositi n of Frederick E. Gerber, II on October 14,2004. Mr. Rupp stated that e
would send th m to me. As of today, October 26,2004, I DO NOT HAVE THEM!!
Fred should h ve received them from Mr. Gilliland in 1998,1999,2000,2001,2002.
Where are the . How is it that PNC Bank has some tax information and Mr. RUpp
does? The an wer is that MR. Rupp has been withholding these documents. I shall
file a motion f r sanctions.
On page3,. paragraph 6, Mr. Rupp the firm and individual that created the line
accounting for Fred for the two Trusts does indeed know what a check ledger is. An
entry level ac untant knows what a check ledger is. A check ledger in my request
refers to the c ecking section of a check book, where each check is entered and to t e
right side, thei is a space for deposit, debit and at the far right a section for BALANC
Even if the ch cks that Fred wrote were carbon less, they style of checks have a chec
ledger above i so that each check is listed. If not, then one has to flip through each
check to find ut what and when it was written. This is the BASICS of Trust
management r keeping one's checking account. An accounting ledger is one that
Fred or his ac ountant would have kept as checks were written, moneys were recei ed
and bills were paid. Again BASICS of accounting. Fred stated under oath that he
used to teach is troops the basics of checking accounts and accounting and record
keeping. Again, I shall file a motion for sanctions.
On page 3, paragraph 7, nice sentence but ACTIONS SPEAK LOUDER THAN
WORDS.
On page 3 paragraph 8, again another TORTURED sentence!! I do not underst nd
what when Mr. Rupp writes,"1 renew my objections my before from above....." I also
object to Mr. upp's belief that the April 26,2004 request for discovery was canceled
due to the Sol iers Relief Act. On August 3, 2004, you as auditor, Mr. Duncan made it
clear as well a Mr. Rupp made it clear that Fred was waving his Soldiers Relief Act.
I understood t at Fred would now have to submit to his deposition on September
27,2004 that I had originally supoened him on April 26,2004. My request for
documents w also part of the deal that they would have to produce. You did not
stipulate that I had to re-issue another supoena. In fact, Mr. Rupp still is holding
moneys issue to him, his father and his client. Mr. Rupp is stalling and desperate.
On page 3 paragraph 9, FINALLY we get to what is now a breach of your order t at
they produce II the requested documents. Today is October 26,2004. I have sever I
experts WAITI G for examination of these MISSING DOCUMENTS. Experts do not
work for only ne client. As it is I only had documents to work with since September
3,2004. The d cuments that Mr. Rupp mentions in this last paragraph are many, ma y
documents an will require a lot of scrutiny and examination by my experts. His
experts OBVI USL Y will have had much longer. Where will the production of these
documents co e from? From an old dusty attic? My obvious sarcasm is only to
indicate that y requests for documents is NOT NEW NEWS. Mr. Rupp has had sin e
April 26 and A gust 24,2004 to produce these documents and as Trustee, Frederick
E. Gerber,1I h s been in possession of them since 1998 and onward. Where is he
keeping these documents which he purchased so much expensive equipment to
manage???
On page 3 paragraph 10, concerning my witnesses, I assume that I shall the sa e
right to voir dir Mr. Rupp's witnesses. I believe that you already approved any
witnesses that I bring willingly. However, I have asked that my two witnessed be
supoened as t ey are feeling intimated by Mr. Rupp's client. I have already made m
request to you
on page 3, paragraph 11, Mr. Rupp must be COMPLETELY CONFUSED as he i
the one that entioned bringing Mr. Dave Brown from PNC Bank. However, I agree
that PNC Ban should be allowed to appear as they have expert and direct testimon
to ofter as to t e two Trusts when Frederick E. Gerber was Trustee. I must point out
that Ms. Vern y has not listed ANY WITNESSES or any EXPERT WITNESS in supp rt
of prosecuting PNC Bank's objections. Mr. Rupp should not be surprised as
Ms. Verney ulti ately works for his client and always has worked for his client and
been paid by is client. Please refer to my motions that have been filed in this Court
However, asid from my opinions of Ms. Verney, my Objections of the Accountings re
exactly the sa e as PNC Bank's and include others and therefore I have a perfect
right to ask for PNC Bank to appear. IF Mr. Rupp does not intend to bring PNC Bank or
Ms. Verney d es not intend to bring PNC Bank then I ask that I be allowed to supoe a
them as Mr. R pp in his letter of witnesses as well as Ms. Verney originally in one of
her letters ref rs to Dave Brown's schedule of fees as being admissible or asked th t
we stipulated PNC Bank's fees. I will not stipulate to Ms. Verney's request but if
Ms. Verney wi hes to bring PNC Bank in as a witness to their fee schedule, I have
no objections. But I will also request then, why isn't PNC Bank arguing their
Objections? e will have to let the Courts decide.
Mr. Rupp learly wrote this letter in a rush. Mr. Rupp did not reread his letter as h
has done so 0 ten in the past and there is inaccurate information, addresses or text i
his motions or etters. Mr. Rupp is an attorney. Mr. Rupp clearly attempted to defrau
and misled m in the manner that his letter was delivered to me and late and I ask th
this Auditor ha e a hearing on these issues. I have confidential evidence that will
show that Fre erick E. Gerber,1I is WITHHOLDING EVIDENCE and I wish to present
this before a h aring with this Auditor or this COURT.
Because 0 Mr. Rupp's deliberate delays in producing documents and his curren
admission that there are other documents ADVERSELY affect my defense and unfai Iy
prejudices my ase.
In lieu of t e enormous detail concerning the production of documents and that y
experts will no be able to sufficiently examine all of the missing documents. I ask th t
the upcoming earings be rescheduled. I think that a hearing is in order.
In conclusi n, I request that this Auditor examine the outrageous conduct of Mr.
Rupp in refusi g to provide the requested documents. I ask that the Auditor sanctio
Frederick E. G rber for the costs of his depositions on September 27 and October
14,2004. I as that this Auditor sanction Frederick E. Gerber, II for his attorney fees
regarding the roduction of documents and his depositions and that he have to pay is
attorney himse f and not attempt to submit fees to any of the Trusts. I ask that this
Auditor sancti n Frederick E. Gerber,1I in testifying in his defense at the upcoming
hearings. Fred rick E. Gerber, II is CLEARLY WITHHOLDING EVIDENCE and shoul
be held from t stimony to exculpate himself.
I await you answer. I also want to point out that I have not received any respons
from all of cou sels requests regarding discovery as you stipulated would be made y
October 25,20 4. If I have not received it in the mail yet, would you be so kind as to x
it to me at 717 737-7116. Thank you.
~~L
Marilyn Gerber, Pro Se
LAW OFFICES
RUPP AND MEIKLE
A PROFESSIONAL CORPORATION
355 NORTH 21ST STREET, SUITE 206
HERBERT G. RUPP, JR. CAMP HILL, PA 17011 MAILING AD RESS
RICHARD C. RUPP (717) 761-3459 P.O. BOX 95
- CAMP HILL, P A 7001-0395
ANN MEIKLE ERIKSSON (1 54-82) E-MAIL: RUPPLAWl@AOL.COM -
October 11, 2004 TELEFAX: (117) 730-0214
William A. D ncan, Esquire
Duncan & Ha man & Douglas
One Irvine R ad
Carlisle, PA 1 013
Re: Fred E. Gerber, Sr., Trust Audit
No. 21-1998-0195
Mildred J. Gerber Trust Audit
No. 21-2002-0540
Dear Auditor Duncan:
Ms. Ge ber, one of the Objectors to the accountant's audits, wrote
me as counse for the accountant: first, a letter of discovery issues or
problems, da ed September 27, 2004, and the second letter of same ilk
dated Septe ber 30, 2004.
With re pect Ms. Gerber's September 27, 2004 letter, we are not
able to unde tand it completely.
Also, e dispute that the April 26, 2004 " subpoena requesting
extel!lsive doc mentation" applies until renewed.
If said r quest which had been part of the subpoena is considered
renewed, the. we argue three points:
First, Ms. Gerber exceeds the allowable number for a
duction of documents;
Second, we stated in our responsive reply to her Request
for Productio of Documents that the Subpoena questions were repetitive,
and,
Third, we incorporate by reference our objections raised i
our responsiv discovery production.
October 11, 004
Auditor Dune n
Page 2
Ms. Ge ber states we did file objections or responses to her request f r
discovery to t e Fred E. Gerber Trust. We state that is false and incorrect.
s our understanding Ms. Gerber combined her request for
documents, we combined our responsive Answer to Productio
of Document for the two trusts. We will file a corrective cover page to
correct the re erences for the two trusts, but, obviously in looking at the Fre
E. Gerber II r sponse to request for production of documents, it obviously
matches Ms. erber's request for production of documents to both trusts.
With re pect to Ms. Gerber's specific complaints, we do not believe sh
has establish d a foundation for sanctions against the accountant.
Second we will make further effort to discover and produce any
additional do uments not previously discovered and which are relevant bu
have not bee produced.
Third, e will attempt to locate better copies of the checks and
statements fo Ms. Gerber, although she has not indicated which checks ar
too poor for er to read or use.
Finally, e will attempt to obtain the back of the checks for productio ,
however, the are not in the accountant's possession for production.
With re pect to Ms. Gerber's September 30, 2004 letter, we object to
the April 26, 004 request as excessive, irrelevant and especially redundan .
I further inco porate the objections in the accountant's response to Ms.
Gerber's com laint of an incomplete production of documents.
With re pect to the checks, the accountant does not receive back the
actual cancell d check. For any check written on the Schwab account, he
receives no c eck back, but has a carbonless duplicate he retains for his
records. This causes the darkness in photocopying. Further, to keep the
checks in ord r and any copies, the accountant keeps everything in binders
hence the hol punches. We will determine if we can provide better legible
check copies nd without the hole punches, if possible. Further, Ms. Gerber
never advise which checks were illegible so we would be put to a large
expense to co ply - again - with her request for production of documents.
Again, n our cover page to our response to Ms. Gerber's request for
production of documents listed Mildred's Estate. As there was no request
October 11, 004
Auditor Dune n
Page 3
for discovery out there, I will file a praecipe to substitute a corrected page
showing that the response of the accountant Is for both trusts to Ms. Gerbe I
s single requ st for production of documents.
Ms. Ge ber has made a claim to view the original documents for bot
trusts. We d not see the need for this" view" if the copies can show her
what she wo Id see anyway.
Further the accountant did not copy nor produce documents filed
already of re ord. We did not have the time nor opportunity to examine al
records and II documents filed of record. If the Auditor wants us to
examine the arious proceedings which touched or could have touched
these two tru ts and produce any and all documents which could be releva t
to Ms. Gerbe 's request for production of documents, we will be happy to d
so.
With re pect to the legal fees, we are intending to provide as much
detail as pos ible and will produce such information.
We will make or best effort to obtain and produce the income tax
returns and t e income tax returns. We will make our best effort to obtain
corresponde ce with Mr. Gilliland, CPA.
We do ot understand Ms. Gerber's position that she does not have
copy of the"c eck ledger" and the accounting ledger.
The ace untant and his counsel will continue to attempt to comply wit
Ms. Gerber's equests, assuming reasonable;
With re pect to Ms. Gerber's document request, I renew my objection
my before fr m above and incorporate them by reference. In addition,
we abject to s. Gerber's continuing to propose the April 26,2004 request
for discovery ecause that request for production was cancelled by the
Sailors and S Idiers Relief act.
With re pect to copies of documents concerning the fee schedule use ,
his billing ex lanation, the legal bills, the Baltimore property, the accounta t
and his coun el will attempt to locate any additional documents in order to
provide them The accountant will also attempt to locate any additional
October 11, 004
Auditor Dune n
Page 4
documents f r production if not in violation of the objections raised by
Respondent ccountant.
Wewis to conduct a voir dire for Ms. Gerber's two witnesses, Harry
and Millie Sc tt and wish to reserve the right to object to her witnesses.
We obj ct to the bringing of someone at PNC Bank for Ms. Gerber's
unclear purp ses. In addition, Ms Gerber should produce witnesses in
support of he objections, and Ms. Verney should be in charge of producin
witnesses in upport of where she will be with respect to her objections.
At this time, e do not see how a witness from PNC bank is able to support
her objection .
Thank ou.
Yours sincerely,
'.
'-.--~
Richard C. Rupp
Attorneys for the
Accountant in both
Trusts.
cc: William D ncan, Esq.
Jacquelin Verney, Esq.
Marilyn G rber
Col. Fred . Gerber, II
E HIBIT F
Mr. William D ncan
One Irvine Ro
Carlisle, PAn 17103
The follow ng is a list of documents which I have not received and which I
requested in pril 26,2004 by supoena to Frederick E. Gerber,1I and again a Reque
for Production of Documents on August 26,200
te in your letter dated August 25,2004 that you addressed any of the
uld appreciate if you would respond to these requests or else I shall
have to file a etition with the Court to address this issue as well as a Petition for
Sanctions. B sed on Judge Oler's decision on September 29,2004 which was the I st
day of the PN hearings, he sent my Petition to you to address. In fact, I have not
heard from yo regarding the April 26,2004 supoena for the Request for Production f
Documents of Frederick E. Gerber,1I for the PNC hearings. In essence, Judge Oler
waited until th last day of the hearings and I went into the PNC hearings without an
document pro uction from Frederick E. Gerber, II. Fred waived his Soldiers Relief
Act on August 3,2004 and the PNC hearings were held on September 28,29,2004.
I would appre iate it if you would make a ruling per Judge Oler's order. If you so rul
that Frederick E. Gerber,11 has to produce documents then I shall ask that I be allow d
to admit any e idence with my Brief on the PNC hearings and Accountings for the
Estate and th Trust of Mildred J. Gerber in my Brief which you have set a deadline
December 1, 004.
FOR THE UGUST 26,2004 REQUEST FOR DOCUMENTS WHICH I SENT TO
FREDERICK . GERBER,1I1 HAVE NOT RECEIVED THE FOLLOWING:
1. Copies of any investments of any nature that are not held by Charles Schwab
for the Mildred J. Gerber Trust and the Fred E. Gerber Trust. There are investments
with Municipal Partners which PNC Bank has also questioned and I have not receiv d
any informatio on my request. There is no document on any insurance policy whic
paid dividend . These are just two examples of which I am aware for which Fred is
concealing e idence.
2. Copies of all checking accounts, savings account for any investments or mon ys
held by the Tr stee for the two Trusts. I asked for anything other than the two Chari s
Schwab acco nts which Fred submitted to me.
3. I asked for financial information which funded the two Trusts at the beginning
their inception the source of the funds, the dates that the Trusts were funded, what t e
funds consist d of. PNC Bank and myself both filed exceptions on this matter.
4. I asked for a list of any tangible or intangible items that were funded in the tw
:yH-l!:j T /
Trusts from th beginning or were added during the course of the Trustee's tenure.
For example, I asked for evidence that the Baltimore property was funded in the Fre
E. Gerber,Sr. rust.
5. I asked or a list of all funds that were removed from the two Trusts and
redirected to a yother investment company and for their monthly statements. For
example I ask d for copies of any moneys transferred to PNC Bank or any other
source.
6. I asked the Trustee for copies of any investments that he made apart from
Charles Schw b and documents of such. There is a notation of the sale of
approximately $18,000 of investments that was made in 1999 and no document as t
where this mo ey went.
7. I asked for a copy of all expenses and debits from any account for the upkeep of
the Baltimore roperty as well as tax information and any correspondence between
the tenants, th Joseph Cross's or anyone representing the Cross's. I specifically
asked for an a counting of each rent check that was received by Fred and where it
was disperse ,to whom and when and why.
8. I asked for documents for all expenses, real estate taxes, federal and state
taxes, utility bi Is, repairs for the 623 Hilltop Drive, New Cumberland, PA property.
I have not rec ived any real estate bills, NO FEDERAL OR STATE INCOME TAX
forms.
9. I asked for the copy of all real estate appraisals done on the 623 Hilltop Drive,
New Cumberl nd, PA home especially the one done in February 1998. Mr. Rupp
stated that it as submitted to me under the miscellaneous section. I DID NOT
RECEIVE IT n September 3,2004. I also asked for a copy of any home appraisals
done on the B Itimore property. I DID NOT RECEIVE IT. Fred stated in my depositio
of him that he did not keep a list of all documents that he sent to me on September
3,2004.
10. I aske for copies of all correspondence that Fred sent to anyone that was
connected to ildred J. Gerber, her caregivers, PNC Bank, attorneys in Chicago,
banks anywh re in the world, insurance companies, Charles Schwab, Michelle
Herold of Sun ise of Glen Ellyn, etc. I DID NOT RECEIVE ANYTHING.
11. Copie of all correspondence to and from Richard Rupp and Herbert Rupp
regarding the anagement of the two Trusts. As Fred and my sister and I are
full beneficiari s, this is not attorney client privilege.
12. Copie of all letters sent to Fred or his attorneys regarding the two Trusts or
Mildred J Ger er, or to any of his attorneys.
13. I requ sted the letters which Marilyn Gerber sent to Mildred J. Gerber from
2001 to 2002. Fred specifically instructed all caregivers to take any letters from me
that arrived at 623 Hilltop Drive, New Cumberland. Fred was not the Guardian of
Person of Mild ed J. Gerber until December 23,2001. It is a federal offense to
confiscate mail addressed to anyone.
14. I aske for a copy of all items removed from the home of 623 Hilltop Drive, N w
Cumberland fr m 1998 to 2002 by Frederick E. Gerber or knowledge of what Jane
Heflin remove or any grandchild. I was specific about china, crystal, silver items.
15. I aske for all IRS reports, State income tax reports along with all the work
product from I 98 to 2002 for both Trusts.
1;6. I aske for copies of accounting reports that were prepared by any accounta t
or CPA for the two Trusts.
17. I aske for copies of all legal fees and all billable hours. There were over
$80,000 spent on legal fees by Fred for the two Trusts and NO BillABLE HOURS.
18. I aske for copies of any credit cards which were used by the two Trusts or
which Fred us d to charge items for the two Trusts. The little receipts which I receiv d
were complet Iy redacted and there is no identification as to who the account holde is
and if it is a c rd for the two Trusts. I have no problem with redacting personal char es
but the receip which Fred provided for me could be anyone's credit account, there s
no name, no ccount number. In any corporate or fiduciary setting, a complete and
readable receipt must be submitted for payment.
19. I aske for copies of all income which Mildred J. Gerber received from 19998 0
2002 includin checking accounts, credit card accounts, savings account. I
specifically list d PNC Bank, Dauphin Deposit which is now M & T or any other
financial instit tion. Mr. Rupp filed an objection that this request was either inspecif c
or not underst ndable. How more specific could I be. In fact, Mr. Rupp uses this
objection of m requests not being understandable or being in specific for the majori
of his objectio s or that they are irrelevant. This is just plain STALLING and a
flagrant attem t to conceal evidence and NOT PRODUCE DOCUMENTS.
20. Copie of all documents removed from the attache cases, filling cabinets of
Fred E. Gerbe ,Sr upon his death or afterwards.
21. Copie of any moneys or assets which exist outside the state of Pennsylvani
or in any othe country related to Mildred J. Gerber or Fred E. GerberSr. Mr. Rupp n w
states that my request is inspecific and not understandable. He has not answered t e
question and rther stated that he provided a copy of the Baltimore property real
estate apprais I under the miscellaneous section of the Fred E. Gerber,Sr Trust on
September 3, 004. I DID NOT RECEIVE THIS ON SEPTEMBER 3,2004 and have
since then.
for copies of any funds or moneys that were assigned to anyone outs de
of the Gerber amily members such as insurance policies, moneys, please identify. I
asked the sa e for any insurance policies that were given to any member of the
Gerber family, Fred, Jane or the grandchildren. Mr. Rupp refused to answer stating
that this questi n is inspecific and not understandable. How more specific could I
have been.
23. I aske for copies of all loans made to anyone but especially any Gerber
children or the r children or spouses by the two Trusts. Mr. Rupp states in his
objections that the gave them to me on September 3,2004. I DID NOT RECEIVE EV N
ONE LOAN A REEMENT. In the line accounting for the two Trusts, it specifically
refers to loan greements, yet I have not seen any copies of any loan agreements to
Fred or Jane eflin or Sascha or Sean or any of the Gerber family member or an yo e
else.
24. I aske for copies of the Municipal Partners Fund II, Equiserve and in which
Trust these as ets exist. PNC Bank asked the same question of Fred on numerous
occasions and RECEIVED NO ANSWER. These investments are NOT in the Charle
Schwab acco nts. WHERE ARE THESE DOCUMENTS???
25. I asked for information on the PAN AM stock as PNC Bank did. Mr. Rupp stat s
that they are orthless but if they were listed on the line accounting, then there must
be some pape ork about these PAN AM stocks, where are they, then why were the
listed. I have r ceived nothing. If they were worthless, then why were they mentione ?
26. In my uestion #39 of my August 26,2004 request for production of documen s,
I specifically st te in this question that for all of the above questions where I list Mildr d
J. Gerber, I as that Fred E. Gerber,Sr. be substituted for the same questions. Mr.
Rupp can rea English and he is now trying to make you believe that he indeed filed
Objections for he Fred E. Gerber, Sr. Trust. What Mr. Rupp filed were objections for
the Mildred J. erber Estate and the Mildred J. Gerber Trust. Therefore his time for
Objections is 0 er for the Fred E. Gerber, Sr. Trust. WHERE ARE MY DOCUMENTS
27. I aske for copies of all correspondence from Charles Schwab concerning th
Trusts of Mildr d J. Gerber and Fred E. Gerber,Sr. including correspondence from
Brian Rheam, eft Roes or any other individual at Charles Schwab. I asked for any
corresponden e that went to Fred or Rupp & Meikle. THis is not attorney client
privilege.
28. I also r. Rupp to identify his expert witnesses and he has refused to or even
supplement hi responses. It is now October 28,2004 and he has not supplemented
his answers.
29. I also sked Mr. Rupp to identify all documents that he intends to use, introdu e
or use at the h arings at the hearing and he has answered that he cannot respond
to to this requ t.
Mr. Dunca it is now October 29,2004, Friday. Even if you order Fred to produce
these FINANC AL DOCUMENTS, how willi or my experts who don't work for me, be
able to analyz and compile a report and be prepared for testimony on November
16,2004 ?
I ask that y u reschedule these hearings.
Ii await you decision on these discovery issues.
Sincerely,
_ i /
c~ti"{k
Marilyn erber, Pro se.-
cc Mr. Rupp
Ms. Verne
E HIBIT G
11 / 02/ 2004 13: 44 71 77377115 THE UPS STORE P E 01
SCHWAB BRANCH FACILITIES NO, 3700 p , ,
NOY. 2.2004 1 i. 22AM II
I
I
I charles-SCHWAB
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,
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Ofh:::eo Co r~te Counsel
101 MCI ~ ery str~~ Sll'l Fiancl,w 1,"'.A Q4, 04 November 2, 2004
,.1 (877 2^ Q2aa fox (L 15) 636 52150
E TO 717-737-7116
I
M~ Gerber
I
Re: I rber T !'Qst
Dear
I
I
I am r-r' 'ng in response to your letter to Garrett Wynne dated November 1.2004. I
regre, t inform you that without a properly issued subpoena Charles Schwab & Co., Inc.
("Scliw ") is unable to produce the documents or a witness for a hearing regarding the
abovJ ferenced matter.. Further, Schwab did not stipulate to appear at a hearing
re '.g the above accOlIDts. Any stipulation reached was between the parties to the
actioJ, ot Schwab.
I
3P1 e be aware that Schwab is required to maintain account records pursuant to
ow: 111 retention policy. Some of the documents you request fall outside the required
io period.
I
Plea..J: ired all future correspondence to my attention at the addtess provided. Schwab
will; service of any rubpoena in this m.attel'via fax. Please fax the document (and
any 0 r correspondence) to my attention at (415) 636-5263.
Beth Kl~an
Corporate Counsel
C\l: illiam Duncan via facsimile to 7I 7-249-7800
acqueline Verney via facsimile to 717-243-3518
'c;hard Rupp via facsimile to 717.730-0214
!
,
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ChdlMl ~~ t:o. Ii\!: MM\lw, SlPC I Ne.. ~,~ Sl~ endllr~ M(1 Ol~ ~rnrJ[)lI1 Sroo'! ~1l4 O~IP9Il'! E.,dillf\yCI'" t3i r G, /
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November 3, 004
Charles Sch ab
101 Montgom ry Street
San Francisc , CA. 94104
Dear Ms. Klugman:
Thank you for your rapid response to my letter of November 1,2004. I am sorry t at
you are havin to deal with further issues regarding Mr. Richard's Rupp failure to
follow the ord r for the Auditor, Mr. William Duncan. This was not a stipulation
reached betw en parties to the action. This was a direct order by the Court ordered
Auditor to Mr. ichard Rupp who represents the Trustee, Mr. Frederick E. Gerber,lI.
Frederick . Gerber,1I has a Fairfax, Virginia address and is it possible that Mr.
Rupp thinks t at could bring someone from a Virginia office to speak about these
Trusts? I am ot sure how your office is organized. These Trusts are legal docume
of the Orphan ' Court of Cumberland County, Pennsylvania. I am trying to find out
why Mr. Rupp did not issue a supoena. I know that during the September 20,2004
status hearing that a supoena was discussed as I wanted to issue a supoena and th
Auditor stipula ed that Mr. Rupp would bring a witness from Charles Schwab for all
parties.
I have con acted the Auditor, Mr. William Duncan and I appreciate that you took t e
time to fax ea h party's attorney.
Would yo please explain if some of the documents which I requested fall outsi e
the required r tention period, then does this mean that you have to order them from
microfiche or torage? The Fred E. Gerber,Sr. Trust was established in 1994. Are y u
stating that Carles Schwab does not have records, monthly statements on assets 0
this Trust whi h were quite sizable? Please explain and if records do have to be
ordered, what is the lead time?
Once Mr. upp provides explanations and the Auditor responds, we will all have
a clearer pictu e. Mr. Rupp has not provided any correspondence as he is mandate
to do to all of t e parties of any arrangements, any letters or any supoenas to Charle
Schwab.
I guess th final question is if a supoena was served on Charles Schwab, would
Charles Schw b filed a Motion to Quash? If you do not file a Motion to Quash, coul
Charles Schw b respond to this motion to appear and produce an individual who
would bring all requested documents? The problem arises in that Mr. Rupp would
have to stipul te in his supoena for Production of Documents every party's request
along with a s peona for a witness. This sounded like a bad plan to me from the
(?RifT (T cq ~
beginning and I have learned my lesson but again you know I am just a "Pro Se"
and beneficia
Thank you for your time and I would appreciate a response to this letter. If each
Party will hav to issue their own supeona for Production of Documents that the
witness has to bring, then the Auditor shall have to stipulate this and more than Iikel
grant a Contin ance.
Sincerely, /
(7 ,
r"') . .
-~ ....
;' / '/.fJuyf/,c.fjti<-
l .I
Marilyn Gerber,Pro Se
717 Market Street, #317
Lemoyne, PA. 17043
TEL 717 503-5280
FAX 717737-7116
cc. Mr. Willia Duncan
Ms. Verne
Mr. Rupp
November 1, 004
Mr. William D ncan
One Irvine Ro
Carlisle, PA 1 103
Dear Mr. Dun an:
I called Carles Schwab today and discovered that the Branch Manager,Mr. Je
Roes in no 10 ger at Charles Schwab. The new Branch Manager, Mr. Benjamin Du
has absolutel NO KNOWLEDGE of the witness who is to appear for the upcoming
hearings. As ou know, on September 20,2004, you stipulated to Mr. Richard Rupp
that a witness would be produced for all counsel and that this individual would be
knowledgeabl on all of the accounting and investments for the two Trusts. I also
asked in seve al letters that Charles Schwab produce on their letterhead stationery
who this indivi ual would be and acknowledge that they would bring all their
documents on the two Trusts and be able to speak and refer to any issues surround ng
Charles Schw b and the two Trusts.
Mr. Benja in Dum was UNWILLING to have me fax him this letter and was
uncooperative Mr. Dum suggested that I contact their General Counsel in San
Francisco.
Mr. Dunca ,this is the final hours prior to the hearings. No one has been
authorized to epose Charles Schwab or supoena them with Production of
Documents fo the two Trusts as I requested in the status conference hearings. I wa
not granted p rmission to do the same for the PNC hearings.
As Fred has n t produced any original documents from Charles Schwab for
verification an many of the Charles Schwab monthly statements have 3 holes
punched in th financial numbers there is not doubt in anyone's mind that the
testimony fro Charles Schwab is crucial to the Accountings, Objections and
hearings.
Without th witness from Charles Schwab, I shall not be able to prepare and
present my ob ections. I doubt that Ms. Verney shall be able to either. If the Branch
Manager doe not know anything about this, and he stated to me that this would ha e
to be done un er supoena, I have not received ANY COPIES OF ANY
CORRESPO DENCE that Mr. Rupp has sent to Charles Schwab which is of concer
to me. As I h ve stated to you on numerous occasions, Mr. Rupp will not take phon
calls from me, he will not write to me or answer my letters.
If there is i deed a witness coming from Charles Schwab then why hasn't Mr.
Rupp informe all parties. I feel I should be provided knowledge as to who this
witness is, an what qualifies him to testify on the two Trusts. If this witness does
ex/It. ( I---r!;" --.3
appear and it s evident that he or she cannot speak to the activity of the two Trusts
and does not ave documents with him, then the majority of the Objections will not e
able to be an wered, argued or prosecuted.
I had grea reservations about the Court requiring Mr. Rupp to be obligated to
produce a wit ess from Charles Schwab with knowledge and records to testify on t e
upcoming he rings.
I await yo r answer. I ask that you FAX me with your response at 717 737-7116 if
you answer th s by letter.
si~cereIY, _ ~!.
1:r'+/,'k
J
Marilyn Ger r
cc. Ms Verne
Mr. Rupp
November 1, 004
Charles Sch ab
Office of Gen ral Counsel
101 Montgom ry Street
San Francisc , CA 94104
Dear Mr. Gare Wynne:
Please for ive me if I misspelled your name. It has been a while since you and I
have spoken, ctually since March 2001.
the letters that were sent out today. As I shared with you, I am not
Klugman is involved with this current issue.
reciate it if you could direct this to someone who would handle any
member of th Harrisburg, Pennslyvania Branch office who would be appearing as
member of Charles Schwab to answer all questions about the monthly statements a d
assets and fin ncial activity of the Fred E. Gerber,Sr. Trust and the Mildred J. Gerbe
Trust. The Tr stee for these two Trusts is Frederick E. Gerber,1I who is represented y
Mr. Richard R pp, Esquire.
The Judg Auditor requested of Mr. Richard Rupp that a Charles Schwab
representative would appear at the Audit hearings scheduled for November 15,16,
and 17,2004 i Carlisle, Pennsylvania in the Cumberland County Courthouse.
I appreciat your attention to this matter.
Sincerely, J
" f;
1ik,~dL
Marilyn Gerber,Pro Se
cc. Mr. Willia Duncan
eX/11611 & -r
Charles Sch
~
In Novem er 2002, Judge Hoffer of Cumberland County ordered Frederick E.
Gerber,1I to pr vide accounting of the Mildred J. Gerber Trust and the Fred E.
Gerber,Sr. Tru t. As you know, Frederick E. Gerber,1I is the Trustee of these two Tru ts
and the bulk 0 the assets were held by Charles Schwab, the Harrisburg Branch.
PNC Bank as the Trustee of the Mildred J. Gerber Trust as of October 3,2001 an I
as a full benef ciary of the two Trusts, filed Objections to the Accounting of the two
Trusts which ere submitted to the Court on July 8,2002. The Objections included t at
neither of us h d any documents on the original funding of each of the Trusts nor di
we have speci ic accounting on the losses reported, the margin interest paid and th
expenditures f moneys spent y by the Trustee for his children and sister, Jane Hefli
from the Mildr d J. Gerber Trust.
The Court rdered an Accounting from the funding of each Trust through July
8,2002. Fred rick E. Gerber has not provided provided any monthly statements for t e
year 2002 fro Charles Schwab much less copies of checks or receipts for the year
2002.
On Septe ber 20, 2004 in the offices of the Auditor appointed by the Court, Mr.
Willilam Dunc n all counsel was present and we stipulated that Charles Schwab
woulld appear illingly for all counsel, Mr. Richard Rupp for Frederick E. Gerber,ll,
Ms. Jacquelin Verney who was substituted as prosecutor for PNC Bank and Ms.
Marilyn Gerbe who is myself and is Pro SE. Mr. Rupp was instructed by the Auditor
Mr. William D ncan that he would bring an individual from Charles Schwab who
woulld and co Id testify on all questions concerning the moneys and assets held by
Charles Schw b for the two Trusts by the Trustee, Frederick E. Gerber,11. This was t
prevent dual s poenas and dual purposes for all counsel involved. Mr. Rupp was to
inform all cou sel as well as the Auditor who this individual would be from Harrisbur
I also stip lated that Charles Schwab was to write on their letterhead a
confirmation t at they would appear in Cumberland County Courthouse for the
hearings that tart on November 16-17,2004 in Carlisle. I asked that the individual e
identified that as to appear and Court and that he or she would bring all the Charle
SchlNab docu ents, correspondence and materials that are associated with the two
Trusts. To thi date, I have not received anything.
tyftl~(rG'
So as to b perfectly clear on the expectations, I am listing below what documen
expect for the witness from Charles Schwab to bring to Court and what to be prepar
to answer qu tions on concerning the two Trusts.
FOR THE ILDRED J. GERBER TRUST AND THE FRED E. GERBER,SR TRUS
THE FOLLO ING ARE REQUESTED TO BE BROUGHT TO COURT FOR THE
HEARINGS 0 NOVEMBER 15-17,2004.
1. All mo thly statements for ALL accounts, checking account, investment
accounts, sav ngs accounts for the two mentioned Trusts from the origin until the Jul
8,2002.
2. All stat ments and documents that detail the opening and funding of the two
Trusts.
3. nations of margin interest that was paid for the two Trusts.
4. nations of all assets that were sold in the two Trusts.
5. All doc ments, correspondence, e-mails, letters, notes of telephone calls,
third party do uments, received from anyone connected to the two Trusts or sent fro
Charles Schw b to anyone concerning the two Trusts including Frederick E. Gerber II,
Mildred J. Ge ber, Marilyn Gerber, Jane Heflin, PNC Bank, Rhoads & Sinon, Mr.
Richard Rupp Mr. Herbert Rupp, Ms. Jacqueline Verney, Ms. Lindsay Baird, or any
who has corr sponded with Charles Schwab or Charles Schwab to anyone
concerning th two Trusts.
6. All doc ments that list any commissions paid on the sale of the assists when
they were sen to PNC Bank upon their becoming the Trustee of the Mildred J. Gerb r
Trust.
7. All doc ments on any wire transfers that were made from the two Trusts to an
individual or i stitution and who authorized them with copies of such wire transfers.
8. All doc ments of fees that were paid to Charles Schwab for managing the tw
Trusts.
9. All doc ments that Charles Schwab has ie. copies of the Trusts, amendments to
the Trusts, off cial documents stipulating the dispersal of funds from the two Trusts.
10. All tax documents such as 1099, or other state or federal tax documents that
Charles Schw b would have generated to the Trustee for the purpose of filing tax,
estate or trust documents for income tax purposes.
11. All do uments that support whether Charles Schwab acted as a portfolio
manager and made independent investments for the two Trusts.
12. Copie of ALL DOCUMENTS that have been submitted to Frederick E. Gerb r,1I
over the cour e of his Trusteeship from February 22,1998 to July 8, 2002 for the two
Trusts.
13. Copie of how many accounts exist for the Mildred J Gerber Trust or Account
the Fred E. G rber,Sr. Trust or any joint account that Frederick E. Gerber held as
Trustee for th two Trusts.
14. Copie of the back of every check that Frederick E. Gerber wrote from the tw
Trusts from J nuary 1998 until July 8,2002.
Please un erstand that the Auditor, Mr. William Duncan ordered that Mr. Dunca
would bring a individual from Charles Schwab who could speak for all information
and documen s concerning the two Trusts. Therefore the above information is not i
the form of a upoena from Marilyn Gerber but rather what the Auditor and other
counsel unde stand shall occur and be available from Charles Schwab.
Counsel h s not yet determined the day that Charles Schwab shall testify and it
has been stip lated that Charles Schwab shall be available on the days that the
expert witnes es shall also testify. This day has been temporarily assigned as
November 16, 004. There will be 7 expert witnesses appear on this Audit. If Mr. R pp
has not infor ed you as to the procedure and the above information, then I shall
expect a call f om you or your corporate counsel ASAP.
I shall als bring to your attention that Frederick E. Gerber,1I has produced only
20% of the do uments for this Audit and as of today, Motions have been sent to the
Court for San tions and a Continuance of this Audit due to inadequate documents nd
preparation b the experts. It is entirely possible that this hearing could be postpon d.
Please un erstand that I do not have any issues with Charles Schwab. These
hearings are ue to the fact that PNC Bank filed for an accounting which it obtained,
PNC took the rust of Mildred J. Gerber on October 3,2001 and PNC Bank filed
considerable bjections as well as I as a beneficiary due to large of sums of money
that the Trust, Frederick E. Gerber,11 spent. As you know, there were over $ 1 million
dollars involv d and my mother became incapacitated from Alzheimer and the
beneficiaries s well as my mother when she was alive are entitled to know this
information. here are no legal actions that I am aware of and nor do I intend to
entertain any egal action against Charles Schwab. I have found Charles Schwab
especially Bri n Ream to have been most helpful when my father and mother were
alive as well a myself.
As time is f the essence, I ask that you call or fax me ASAP. If Charles Schwab
does not inten to bring anyone with any of the above documents, then the Auditor
and other cou sel need to be appraised.
Auditor: r. William Duncan One Irvine Row, Carlisle, PA. 17103 Tel 717 249-
7880. FAX 71 249-7800.
Ms. Jacqu line Verney 44 South Hanover Street, Carlisle, PA. 17103 TEL 717
243.9190 FA 717243-35718.
Mr. Richar Rupp 355 21st Street, Camp Hill, PA. 717761-3459. FAX 730-0214.
Ms. Marily Gerber 717 Market Street, #317, Lemoyne, PA 17043 TEL 717 503-
5280 FAX 71 737-7116.
I would ap reciate a copy of the letter that Mr. Duncan and Ms. Verney and I
expected Mr. upp to send to you requesting the witness for the upcoming hearings.
If you hav any questions, please feel free to call me. Due to the shortness of ti
of the upcomi g hearings, I would appreciate it if you would be so kind to fax me a
copy of any c rrespondence that you send to me.
Sincerely,. t!- 1
c~ttdtL--
M rilyne r,Pro Se
cc. Mr. Willia Duncan
Ms. Jacq line Verney
Mr. Richar Rupp
General ounsel for Charles Schwab
XHIBIT H
November 3, 004
Mr. WilliamD ncan
One Irvine Ro
Carlisle, PA. 7103
Dear Mr. Dun an:
I trust that sometime today you will have the opportunity to review the fax that
Charles Schw b sent to every party of the upcoming hearings of the two Trusts.
I clearly reme ber that during the September 20,2004 status hearing in your office
the Mr. Richa d Rupp was instructed to call Charles Schwab and produce an
individual wh could testify and be fluent regarding the financial data of the assets
held by Chari s Schwab by the two Trusts. I am at a loss at this final hour why their is
not a supoen ,and especially why Mr. Rupp has not communicated to each party
copies of his onversations and correspondence with Schwab, and identified for ea h
party who this individual will be. As you remember, I wanted to supoena Charles
Schwab and epose them and you objected to my request. At this date, I not only
have not had he opportunity to supoena Charles Schwab and depose them, but it
appears that r. Rupp has not fulfilled his directive from you. I was under the
impression th t Schwab would come for all the parties. Schwab now believes that e
just stipulated amongst ourselves. My experience with Charles Schwab is that
they will objec to this supoena based upon it does meet the standard of the
Pennsylvania Rules of Civil Procedure with enough notice.
You may Iso note that PNC Bank and Charles Schwab filed a motion to quash y
supoena for t e PNC hearings.
The fall 0 t from not having a witness from Charles Schwab at this date, is that
none of us kn w who will be coming, Mr. Jeffrey Roes is no longer with Charles
Schwab and I have no assurance that if a witness appears for the hearings if he will
bring docume ts and be able to answer DETAILED questions regarding the
investments a d many other objections that PNC Bank and I raised. What this will
mean is that n entire day could be spent in going through each Schwab monthly
statement an ask questions of this witness who has no history or knowledge of the
Schwab Trust accounts. If I had the opportunity to depose this witness, I and my
experts could repare our reports and my witnesses would be prepared for their
testimony.
Finally I a ked Mr. Rupp to have this witness CONFIRM on Schwab letterhead w 0
was coming t the hearing, that he would bring ail of the documents regarding the t 0
Trusts and be prepared to answer questions. I have left numerous telephone
messages an written several letters and NEVER RECEIVE A RESPONSE.
At this poi t, I am filing today a Petition for a Continuance of the Hearings as I
remember tha you can only make suggestions to the Court and I am not sure that y u
are able to m ke a decision to continue these hearings. I also have difficulty in
reaching you nd cannot communicate with you exparte.
:...)l ;-Ii Ii; 7";/
There is a so the issue that there are several Petitions before the Court regardin
Ms. Verney's ubstitution and Ms. Verney's fees.
HERE IS SUMMARY OF THE ISSUES OF OUTSTANDING DOCUMENTS AN
MY CONCER S FOR THE UPCOMING HEARINGS.
1. Fred has ot provided any information about the year 2002 from January to July
2002. Mr. Ru p states that this is not in the objections which I differ as PNC Bank a d I
clearly filed 0 jections that the accounting as ordered by this Court in June 2002 w
missing. Mr. upp filed the accounting from January 1,2002 to August 2002 on
December 30, 002 and then attempted to have it accepted by the Court on March
4,2002. I info med and answered Judge Hoffer's questions in Court regarding 2002
that this Acco nting belonged with the Audit as he ordered in November 2002.
So at this point, the only thing that we have is the Accounting for 2002 and no
receipts, no d cuments despite my REPEATED requests for documents since April
2002, again i August 2002.
2. I did not eceive your October 25,2004 letter in the mail until October 28,2004 i
which you sta d that I could issue Interrogatories to Fred but you did not stipulate
when he woul have to answer them. With all due respect, it has taken time to write
these Interrog tories and the questions have to cover over 300 checks, and ail the
missing docu ents and assets. It took me 7 hours to get through only 1/2 of my
deposition wit Fred on October 14,2004 for only the Mildred J. Gerber Trust and m ke
made a mock ry of this deposition.
The best hat I can do is get the Interrogatories to Fred by Friday, November
5,2004 and W EN will Fred answer possibly 50 to 100 questions that wiil involve
producing doc ments by the next Friday, which would be mailed to me and I would ot
receive in tim for the hearings which start on Monday, November 15,2004?
ill you pro eed with the hearings then my experts cannot prepare their financial
accounting an prepare for testimony and I shall have incomplete discovery and
evidence.
3. MY EXP RT WITNESS that was scheduled to appear for the issues of the Trus
has now had t withdraw due to insufficient documents to prepare and testify in Cou
which is his ri ht as his reputation is based on his credibility. I WILL NOT BE ABLE
find a CRUCI L EXPERT at this late date when I will be faced with 4 expert witness s
that Mr. Rupp ntends to bring.
4. I have n t received any of the federal and state tax information on $900,000.
I have not rec ived any of the legal billable fees that involved up to 5 attorney firms f r
fees in excess of $100,000. I have not received any of the loan agreements. I have
not received a proximately 80% of receipts to back up the checks written and these
are not the re eipts which were blackened out, these are the receipts which were
never produc to back up each check that was written. I have not received any
documents on the losses which were stated in the Accounting for the two Trusts. I
have provided additional missing documents issues this week in other
corresponden e.
5. I have n t been able to depose Charles Schwab or continue my deposition of
Frederick E. erber,11. I was not given permission to supoena witnesses who are n
intimated by rederick E. Gerber,1I and are not willing to come unless they are
supoened. A of today, there appears to be not witness supoena from Charles
Schwab and I request that I have the opportunity to accept or reject this witness bas
on his credibil ty to testify.
6. Several Petitions have not been heard in the Court concerning Ms. Verney's
substitution a d the reinstatement of PNC Bank who is the current Trustee for the
Mildred J. Ge ber Trust.
7. I will file today a Petition for Continuance and a Petition for Sanctions of Frede ick
E. Gerber,1I w th evidentiary documents to support that he is WILLINGLY withhold in
documents a d evidence.
8. I apprec ate your extension of the deadline for the brief on these hearings but I
am also facin a December 1,2004 deadline for the PNC Bank hearings.
9. I have n t been able to access the boxes of all the pleadings, documents, etc. or
the two Trust that you have possession of to verify that I have everything.
10. Mr. Ru p has not produced documents that he said he would send to me in h s
letter of last ek. He has also not produced copied of all documents, pleadings
which have p ssed through his hands as was requested of him in April and August
of this year.
In summa , Mr. Duncan, I know that I do not have enough documentation and
there will not e sufficient time to issue and receive comprehensive Interrogatories
from Frederic E. Gerber,1I in addition to the missing documents which my experts
have stated t me will not allow them to prepare their reports much less testify.
Although I am pro se, I cannot imagine that experts and the other counsel for the
parties can p II rabbits out of hats and drop their other cases and clients. I am alre dy
working my jo as the other attorneys are working their jobs in addition to 7 days a
week on this ase which I know are not doing. With the greatest of respect Mr.
Duncan, this earing surrounds issues of my inheritance. A continuance of these
hearings in or er to procure the documents, the experts and provide Charles Schw b
with adequat time to prepare, sounds reasonable. There is also the issue that if
2002 is not in luded as this Court ordered, then GUARANTEED we will shall all be
back before y u for 2002 and as you may know my brother has not filed Accounting for
2003 and 200 which I shall now be forced to file a Petition demanding Accounting
which I am al ost certain shall result in an Audit.
I would lik to throw out the suggestion that if a continuance was granted, then
2002 will hav to be included and this Audit will be complete per this Court's order.
There is also t e possibility that I could ask the Court to order the Accountings for th
remainder of 002 from August 2002, 2003, 2004, freeze the Fred E. Gerber,Sr. Tru t
and all matte s for be settled in one Audit. I know that all parties are concerned ab ut
the fees and d indling assets of the two Trusts. I can ask Mr. Rupp if his client woul
stipulate to thi and get back to you on this.
My brothe to this date wiil not respond to my 8 page settlement proposal which I
sent to him at he end of August 2004.
Therefore, per my Petition for a Continuance which I shall file in the Court this
afternoon, an I shall drop off a copy to our office, I am asking in light of the pending
Thanksgiving nd Christmas holidays and that I have purchased airline tickets and
hotels for a pi nned vacation from December 24 to January 9,2005, that if it is in yo r
power to conti ue these hearings until the end of January or the beginning of
February, the I am asking you to do so.
I shall writ to Mr. Rupp and ask him if he will produce the remaining Accounting or
2002,2003,a d 2004, freeze the Fred E. Gerber,1I and have all of the Accountings
heard in one udit. The Trust could then be dissolved and distributed in equal one
third shares.
I await yo r answer and would appreciate a decision by Friday, November 5,200
and FAX me p ior to 4PM to 717 737-7116. Due to the shortness of time, I ask that
whatever corr spondence you send out that you have your office FAX me a copy.
Sincerely, I
, )7fw+!iIl/L
I
Marilyn Gerber,Pro Se
PS The enclo ed documents are copies enclosed with my Petition for Continuance
and indicate t at Fred Gerber does have correspondence that he is withholding.
Wednesday, Septembe 01, 2004 8:45 AM Frederick E. Gerber II (703) 219.2039 p01
FREDERICK E GERBER II
FACSI:\IlLE TRA!\'S:\IITTAL SHEET
'v t<'F.Olf
Milr lyn GerbeJ: COL Fredetlck E. Gerber
CC:,,'F....:r, j)....?:s
9 /1/2004
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DU?<.GE .' ~ FC>R ~EV]E\li o FLEAS3 CC]\!ll'r~:;:":T o FLEASE ?"3FL ';' o ?:"3ASE RECT:::"3
NOTES/C 1,(M3:',Y;;
1. Recei'l;" d YOllr FA[s m:liled 2G ouel. 29 Aug 04,
2.M!,!" benefid...riE~ are 'Seriously intere:o:ted in negotiating a peaceful :;:ettlement ,vith you ~Lui.1Yl1
3. I h,ve contacted FJchgrd Rupp abom meeting the tenns of prodnculg rIle documents you requester},
\1\,'ewi111 eet the tenni of Al.1uito1: Dunc>!.!!'>: retlue:;;t. nu:e:;l,tening me with i:ll'lctia!li Q.11.U inc.!;E court
order> fa r contempt won't make me work any harder.
4. I find he F..>\..~ to be nIl accepTable meThod of COllU11UIllCaf1Ilg\V'lth you 1'.'19nl1"n, Pye hact to chll11ge my
number vice over the year::; and don't 'V>lnt to put my fam.il)' through that l'roce~~ ag>lin. I\ly F1\.....'{ i~ on
24 /7 <.1.11~ I \Vill rE.'5pC ad wirh nppropriat€ 1.1ttentlOIl to your mail, ]9ne makes her 0\'1,'11 ctecisions llbOllt
"king pI one calls frqm you
5. Refere lee yom 8 r'llge proposaL :Marilyn. I om preparect to defend my acnons as executor/wlstee of
),{omnn D,ld's aCC(I\lIltS. You are one benefici9l"j' of seven opposed to everything Pve done. \'.':/e \Vere
intere~te in a fair anu fingJ settlement with you to prevent a large sum of the remaining e5tate from going
to la\v}'e -. Aguin. \w'!:e olll sedons I:lbollt senEng dlese matters, ollowing Allonor Duncan to llojudlCl.lte
everythil g and acce.r: t his decIsion:> .savLng all the legal fee~ a" you've pointed out
G. Re Ma m's person: I property. I'm rereading mom's \\'ill nnd will giye you my impression J. Ettle bit lo.t€r
and 111c11 de J nne's th)ughts viliTh mine. I recall YO\l saying you would provide me a Est of the items you
".canted f! om 110m':;, belongim' None of your paragraph" mentioned the sllver, :>tamp collection, ,,'euuing
dress, pE' 'sonal irems YOll memionect having in your possesslOn., ,whae's the pIon for dlese items?
7. Dau's l'"tU:>t I ,\'111 reread Dad's trust Dgd "poke to me, I spoke ,vLth Dad's lawyers and ha:ve a pretty
good ide how it Wll~ to be meollud ohviomly d\fferenfly than YOll imagineo. Monies ctistllbllten to the
gmnoch dren, benef.cione:S ulso, for educatIon., ,Pm not S\ire I agree "irh your estunatlon of reimburslllg
you for t o'Se am01.U1t'S. :rvhrilyn; it':> evident you wanteu to be the executor./tru.,tee and nothing I did or
could ho. 7e done \vould have been acceptllble to YOll. \\ie may hove to ilgree to dlsJ.gree on how The Tlusts
,vere Ina aged
8. ",[om' Trust, I 'ivill reread f\.1om's Tlllst lInd review IllI my letters ond correspondence "~th Mom nhout
.managm her estate, I w111 also consult Jane. I'm no t sure Fm going to submit alllepl bills: to you for your
'.~pprov:u a:;: you s:bteJ
9. I gues 111 summ~rF, I'm golllg to review all of Dad llnd 110m's Trusts, "X/ills, letters llnd
r(/( corre"po uenee and get back to you But fr:mkly it doesn't appear to me you're interested in :.l quick,
pllillless, egJ.l free ~e :tlemem.
1;1Y
__~23/02 15_: 39 F.li 17 232 1459 RHOADS&SI;\O;\ LLP OOJ
COLONEL FREDERICK E. GERBER
01 ECTOR, HEALTH CARE OPERATIONS
HEADQUARTERS. DEPARTEMENT OF THE ARMY
OFFICE OF THE SURGEON GENERAL
PACSIMILE TIlANSMITTAL SHEET
" . I. J If ~coc
/~ Colonel Frederick E, Gerber
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5111 LEESBURG PIKE
SKYLINE 4. SUITE 401 PNC01552
FALLS CHURCH. VA 22041-:l7fiR
XHIBIT I
October 13,2 4
Mr. William D ncan,Esquire
One Irvine Ro
Carlisle, PA. 17103
In reviewi g all of counsels various letters to you regarding their witnesses and
their expert wi nesses, I wanted to address my concerns.
Mr. Rupp i tends to bring several expert witnesses, three in fact, an attorney, an
accountant an an investment expert. He then lists himself regarding the legal fees. I
have to respo d to this request as up to now, Frederick E. Gerber,1I has REFUSED t
provide any p duction of documents to the legal fees. PNC Bank and I both object d
to the lack of pecificity that there were no bills and itemized statements for all of the
legal bills for t e two Trusts. Mr. Rupp also intends to bring PNC Bank. I must
question why NC Bank is going to testify when they were substituted by Ms. Verne .
As you kn w, PNC Bank filed the motion to this Court that resulted in the audits 0
the two Trusts PNC Bank filed this in June 2002 when they were the Trustee of the
Mildred J Ger er Trust and Mildred J Gerber was a beneficiary of the Fred E.
Gerber,Sr. Tr st. They would only have filed for this motion as Mildred J. Gerber's
Tru$tee for as the Guardian of Estate for Mildred J. Gerber they would not have not ny
authority to re uest for accounting of Mildred J Gerber's Trust and the Fred E. Gerb ,
Sr. Trust. It w s Mr. Rupp that filed a motion to substitute PNC Bank out of their
objections sta ing that they were no longer the Guardian of Estate due to Mildred J
Gerber's deat . PNC Bank remains to this day, the Trustee for the Mildred J Gerber
Tru$t as of 00 ober 3, 2001.
'it is clear me that Ms. Verney has not scheduled any experts to defend the
objections of NC Bank. Mr. Rupp's experts will be defending Frederick E. Gerber,1 .
Ms. Verney is not a banker, and in the past has worked closely with Mr. Rupp and
Fredrick E. G rber,11 during the hearings for the Guardian of Estate and Person. Ms.
Verney has h d little interaction with my mother or the Mildred J. Gerber Trust as P C
Bank has bee the Trustee since October 3,2001. As you know, I filed a motion for
ReOOnsiderati n of the Substitution of Ms. Verney and it has not been heard yet by t e
Court. I shall sk the Court to schedule a hearing on my motion. My motion points ut
the obvious i partial attitude she has towards me as was well exhibited during the
September 2 ,2004 status conference in your office. It was also my brother who fo
Ms. Verney in January 2001 and had my mother fire Mr. Joseph Metz, my mother's
attorney who ad filed a motion for my motion in this Court asking for accounting fro
my brother on my mother's assets. It was also Ms. Verney who participated in rewri ng
a tHird versio of my mother's Trust when she had Alzheimer which essentially cut e
out of any inh ritance. I hardly see where Ms. Verney is going to
vigorously def nd PNC Bank's objections as she has worked so closely with my
'- 7 ' r . i-"b
,'.:..__.,",- ,,11 "r; ,
brother and si ter to arrange for their increased inheritances. Ms. Verney also had 0
contact with m mother since her departure for Chicago in late December 2001. Ho
is Ms. Verney 0 defend the interests of my mother. I would think that PNC Bank wo Id
be im the exac position to defend Mildred J Gerber as her current Trustee!!
I have seri us concerns that with Mr. Rupp's 3 expert witnesses, himself as a
witness, and NC Bank in addition to my 2 expert witnesses, that it may be virtually
impossible to onduct these hearings in 2 days on November 15,16,2004. As you
know we will examining 4 and 1/2 years of accounting from 1998 to July 2002.
You' had sche uled two days of hearings for the PNC audit which was accounting fo
only two years and 7 months and in actually was really only from March 23,2001 to y
motlher's deat on January 14,2003. There were no expert witnesses at these
hearings. For the upcoming November hearings there are 7 witnesses planned and
maybe Ms Ve ney shall schedule an expert.
My last co cern is that Mr. Rupp has sent me the First Set of Interrogatories from
Frederick E. G rber II. In these interrogatories, Mr. Rupp asks for 32 years of all my
employers, 32 years of my medical history which is a HIPPA violation, he wants to
know my finan ial expertise and list all of my employers, he wants to know if I have
ever been an xecutor, or POA for anyone which is irrelevant, he wants to know if I
have any bud et or employer's budget experience for 32 years which also is irrelev
andconfidenti I information for most of my employers, he wants to know conclusion
of laIW regardi g what constitutes a loss or fraud issues concerning my brother and y
parents Trusts he wants to any other legal cases I have been involved in or if I have
ever been arr sted, he wants to know about estates issues of inheritance which is
clearly beyond the scope of the hearings, and finally he wants to know all of the fees
that I have pai attorneys. These interrogatories are clearly meant to harass and se k
infonmation th t in not relevant to these hearings. I am not an expert in these
hearings. I am not an attorney. I will not divulge attorney client privilege. I cannot off r
any informatio relevant to Frederick E. Gerber, II's accounting. This case is about
Fred's accoun ing, his administration of the two Trusts, his management of the Trust
My work and edical history has no relevance on these hearings.
I shall be f rced to file a motion of objections. I also am concerned at the cost
factors that Mr Rupp and Frederick E. Gerber,1I are intending to bill my mother's Tru
for these irrele ant pleadings, attempts to depose me, and failure to comply with
production of ocuments.
I am in fav r of extending the hearingst to three days and I am very interested in t e
order of the e ert witnesses so that expert witnesses may hear other expert testimo y
within similar d ys. My witnesses will come from a distance and I must budget my
costs and their time.
I await you decisions.
Sincerely, (
. lJ i
.~ / / (
-- ~U{t;.fi'-/;/~-?( tt':t...--
, , i I
. . /
. .
November 1, 004
Mr. Richard R pp
Rupp & Meikl
355 North 21 t Street
Camp Hill, PA. 17011
Dear Mr. Rup :
By now yo have received several copies of letters that I have addressed to Mr.
Duncan this eek regarding documents which you have not provided to me.
In one of y ur letters you mentioned that you had not sent every document that h s
crossed your esk that was connected with the Accountings or the period of time fro
1998 to 2002. Therefore, I want to be very clear as to what I am looking for.
As you kn w PNC Bank filed a Petition for Accounting on the two Trusts for which
Fred is the Tr stee. The Court ordered this Accounting due on July 8,2002 and the
Audit in Nove ber 2002. The hearings are coming up on November 15,16 and
17,2004 if the are not continued.
PNC Ban filed their Accounting in October 2003. I issued a Request for
Production of ocuments in April and on May 20, 2004, I supoened them. PNC Ba k
tried to quash my Request for Production of Documents and Judge Oler denied thei
Petition. On ay 20, 2004, PNC Bank produced 4,000 pages of documents for
anything that ey charged the Estate or Trust of Mildred J. Gerber. They were not
confused as t what a document was, what to produce. They produced anything th
secured copie of, they produced their billable hours from Rhoads & Sinon. They
produced thei correspondence which they generated as well as their e-mails. Eve
document whi h they reviewed or generated, they produced even if they thought th I
might have a opy or it was on record in the Court, they produced it.
I mention he above as I expect the same from your client, Frederick E. Gerber a d
your firm. I a asking for every document which you, your father, Herbert Rupp, Fre
or any other e tity produced, wrote, sent you a copy or an e=mail for anything that s
billed to the M Idred J. Gerber Trust or the Fred E. Gerber, Sr Trust. This means that for
every dime, d liar that you billed Frederick E. Gerber or the two Trusts, I expect a co y
of the letter, d cument that was sent to me, Fred, or anyone else during the period 0
time from Jan ary 1998 to July 8,2002 as ordered by the Court. This would include
all medical re ords produced for you for the Guardian of Estate or Person hearings.
This would in lude any activity with attorneys in Chicago in which Fred was involve
with for 2002. This would include any letters generated to other attorneys such as s.
Verney, Ms Bird, Mr. Kane, Mr. Metz and any other attorney inclJ.Jding Mr. Stan
Laskowski. T is would include any letters issued to any entity, individual for any
purpose rega ing any situation or event surrounding Mildred J. Gerber in which th
Trusts were c arged for any purpose from 1998 to July 8,2002. If you filed any moti s
i~;Z(hf ;{ I
or petitions, I ant a copy. If you filed any appeals or letters concerning any appeal I
want a copy. want any activity, document, tape recording, e-mail, video, letters that
Fred wrote or eceived regarding Mildred J. Gerber during the period of the two Trus s
or any of the bove requests also in relation to my father, Fred E. Gerber,Sr. during t e
Accounting pe iod. If Fred has any letters from my parents about the Trusts, I want a
copy. If Fred as received any information or document or e-mail or letter or made
notes about a y meeting or phone call from anyone that concerned my parents, me, or
any of the ben ficiaries or their issue, I want a copy. If any attorney or individual se t
copies to you r Fred concerning my parents, me or anyone concerning the Trusts, I
want a copy.
In an atte pt to be reasonable concerning some documents on record, I have
copies of the f 1I0wing so that you do not have to produce these:
COPIES THAT I DO HAVE
1. I have copi s of all the appeals for the Guardian of Person from you and Ms.
Verney. I do ot have copies of all your correspondence or motions to quash, etc.
2. I have copi s of all of the Court Recorded hearings on the Guardian of Estate, th
Guardian of P rson and the March Hearing on visitation of my mother. I have the
Court Record n the Trial of 1999.
3. I have copi s of all of the PNC Accounting. I have copies of Accounting which w s
produced per he Court's order by Fred plus the Amended Versions for both Trusts.
4. I have copi s of the Trust agreements for the two Trusts. This means that I have t e
three versions for my Mother's Trust and I have only one Trust Agreement for my
father's Trust. If there are any amended versions of my father's Trust then I need a
copy.
COPIES THAT I DO NOT HAVE
5. I do not ha e any copies of any annual reports or accounting that were ever filed
the Trustee ot er than the Court ordered Accountings. If you filed any reports
concerning th two Trusts for any reason, I do not have them.
6. I do not ha e a copy of the hearing of the San Francisco Rent Board in Septemb r
2001. Please send me a copy.
7. I do not ha e copy of the hearing before Judge Bayley of the December 1998
hearing to res rain me from my mother.
8. I do not ha e any copies of letters from any materials that Fred received from the
US Army that oncerned him, me or my parents.
9. I do not ha e any copies of any hearings in 1998 before Cumberland County Cou
that were bille to the two Trusts.
10. I do not h ve copies of all letters sent to Mr. Duncan, any of the Court's Judges,
Ms. Verney, s. Baird, Mr. Kane either from your office or from Fred or any
corresponden e that Ms. Verney sent to you or Fred or that Ms. Baird sent to you or
Fred.
11. I do not h ve copies of checks for each year that taxes were paid for the Baltim re
property since 1998. I want copies of checks if written on accounts other than Chari s
Schwab to be produced and accounted for.
12. I do not h ve documents on where my father's inheritance went to when it was
transferred fro my father's Trust. I need to have a copy of this check, wire transfer
and to whom i was issued to. If this check or moneys were given to my mother, then I
want verificati n of where it was deposited.
13. I do not h ve verification of where the $400 each month from the Baltimore
property was eposited and to whom it was given, since 1998 to July 8,2002.
14. I do not h ve a copy of the handwriting expert that a bill for $500.00 was charge
Please supply me a copy of this document.
15. I do not h ve all the letters which I wrote to my mother in 2001 to her home at 6
Hilltop Drive, ew Cumberland and which Fred demanded of the caregivers that the
give him my Ie ers.
16. I do not h ve a copy of any letters that were sent to my mother or my father whic
were sent to 3 Hilltop Drive, New Cumberland from 1998 to 2002 that my brother
took as Execu orlTrustee.
17. I do not h ve full receipts for all the travel that Jane and Fred were paid for to se
my mother, tr el with her, my mother's travel expenses, time accounted for the
moneys which my sister was paid for caregiver of my mother. There are not complet
receipts of airline tickets, train tickets, gas, time sheets for caregiving.
18. I do not h ve copies of letters from any of the issues regarding their financial
needs, bills, 0 tuition for all the moneys and checks that were paid.
19. I do not h ve copies of any letters, thank yous, from the issues of moneys that th y
received for bi hdays, Christmas, or tuition or room and board.
20. I do not h ve any copies of letters of thank you for the same for #19 from Jane.
21. I do not h ve copies of any letters from any family members of the Gerber or
Flanagan fami y that were sent to our parents from 1998 to 2002 that were news for
of the Gerberl lanagan children such as Christmas cards, etc.
22. I do not h ve copies of all financial accounts from Charles Schwab or any other
financial instit tion that held moneys for the two Trusts in the US or out of the count
Please fax me when you are going to send these documents so that I know to pic
them up at my mailbox. My fax number is 717 737-7116. If you have any questions
please call me or fax me. I ask that you do not mail anything to mail without sending
me a fax at thi point due to the little remaining time.
Sincerely,
,
F
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Marilyn Gerber, Pro Se
cc. Mr. William Duncan
XHIBIT J
November 3, 004
Mr. Richard R
Rupp & Meikl
355 North 21 Street
Camp Hill, PA 17103
I am writin you to make an offer to consolidate the Accountings for the Mildred J
Gerber Trust nd the Fred E. Gerber,Sr. Trust.
As you kn w, we are scheduled for hearings for the Accountings for the two Trus s
for 1998,1999, 000,2001 and January 1,2002 through July 8,2002. Fred has not
provided any ccounting for the period of July 8,2002 to December 31 ,2002. Fred h s
also not provi ed any Accounting for 2003 and 2004 which is almost over. As you
also know, I a a full beneficiary of the Fred E. Gerber,Sr. Trust and despite multipl
requests for A countings for the above mentioned years, I have not received any
answer to my nquiries. I have also made numerous requests for the interest payme t
per my benefi iary right since Mildred J. Gerber's death on January 14,2003.
I am maki g the following proposal in an attempt to prevent on going Audits and
years of futur court appearances.
1. Fred wo Id agree to voluntarily provide the Accounting for the Mildred J. Gerb r
Trust if there re any missing documents, assets, investments, etc. from the beginni
of her Trust in 1997 to the present. This would include all copies of receipts,
checks, (front back) debits, transactions, monthly statements, correspondence, 10 n
agreements, I sses, Federal and State tax documents and the accountant's reports
and all docum nts pertaining to this Trust.
2. Fred wo Id agree to voluntarily provide the Accounting for the Fred E. Gerber, r.
from the July ,2002 until the present of 2004. This would include all copies of chec s,
(front and bac ), debits, transactions, monthly statements, loan agreements, losses,
Federal and S ate documents and the accountant's reports and all documents
pertaining to t is Trust. Fred would also provide the Charles Schwab monthly
statements an all other investment documents from the beginning of the Fred E.
Gerber,Sr. Tru t that was funded in 1994 to the present.
3. Fred wo Id voluntarily agree to provide all the checks (front & back) for all
checking acco nts and or savings accounts for Mildred J. Gerber from 1998 to the
present and a count for all of her income, all of the insurance policies and payments to
any beneficia from the estate of Fred E. Gerber,Sr. and the Mildred J. Gerber estat
prior to PNC B nk taking the Guardianship of Estate of Mildred J. Gerber. Fred woul
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1...., ..../
voluntarily agr e to provide a full Accounting of all of Mildred J. Gerber's income,
assets, the 10 ation of the approximately $55,000 that she received from Florence
Cappe's mon ys given to her husband, Fred E. Gerber,Sr., the rent moneys from th
Baltimore pro erty from 1998 to present, any moneys given to any of the Gerber
children or th ir issues from 1998 to present. Essentially Fred would provide a full
accounting of ildred J. Gerber's financial affairs and estate from 1998 to March
23,2001. Thi would include all of her tangible property, any inventory lists of her
tangible prop rty and where it is all located.
4. Fred wo Id voluntarily agree to remove himself as Trustee of the Fred E.
Gerber,Sr. Tr st and an impartial, TEMPORARY Trustee would be appointed to only
pay the nece ary bills such as the real estate taxes and related expenses for the
Baltimore pro erty. All parties would agree that the Fred E. Gerber, Sr. Trust would be
FROZEN in a AFE investment account until all the Accounting issues would be
resolved.
Id VOLUNTARILY concede to forfeit all fees connected with the two
8 to the present.
It is sugg sted that an accountant lattorney would be appointed and not a bank i
order to avoid another fiasco such as was experienced with PNC Bank with the
excessive leg I fees, $5,000 minimum yearly expenses. A fee would be set and
agreed upon y all parties prior to the appointment of such temporary Trustee.
5. Once all the Accountings are completed within an agreed amount of time, let u
say by Decem er 31,2004, all parties would have the opportunity to file their
Objections. A all inclusive Audit before Mr. William Duncan would be scheduled
approximately on or about March-April and each party would bring forth their
expert witness s during this hearing. Upon conclusion of the hearings and agreem nt
from all partie baring any appeals, the Fred E. Gerber Trust,Sr. Trust and the Mildr
J. Gerber, Tru t shall be terminated and divided EQUALLY among Marilyn
Gerber,Freder ck E. Gerber, II and Jane Heflin.
6. The Tan ible Personal Property of Mildred J. Gerber shall be agreed upon by t e
three Gerber hildren and divided upon the agreement of all three. If a resolution
cannot be ma e, then the two Trusts cannot be divided until the Tangible Personal
Property is res Ived.
7. Fred wo Id agree to grant Marilyn Gerber the moneys that she has not receive
from the Fred . Gerber,Sr. Trust since 2001. There was a promise of $10,000 in
September 20 1 and I received only $7,5000. This is a balance of $2,500. Fred
would agree t pay for all of the Court Records and depositions for the upcoming
audits and all xperts costs as I am sure he is charging the Trusts for the current leg
fees he is incu ring for the upcoming hearings. Moneys would be set aside before t
Trust is FROZ N from the Fred E. Gerber,Sr. Trust or the appointed impartial and
temporary Tru tee shall disperse the necessary legal expenses as needed. All
~-J .
'"
moneys shall xpressly be used ONLY for the purpose of the AUDIT of the
Accountings nd not for personal use.
8. If any of he Gerber children shall experience a life threatening emergency onc
the Fred E. G rber,Sr. Trust is FROZEN, upon approval and a financial statement,
funds would b released to them for the purpose of their care ONLY. No funds shall
be dispersed 0 any Gerber child unless all three agree or it is determined by the
impartial, tem orary Trustee that such dispersal is appropriate.
9. PNC Ba k shall argree to argue their Objections as they are currently the
Trustee of the Mildred J. Gerber Trust. Ms. Verney shall be paid for her services up 0
date as appro ed by the Auditor once she submits her legal fees and they are given to
each party for any objections. PNC Bank would prosecute their Objections as they
filed them on ugust 27,2004.
There sh II be an independent witness present as all three of the Gerber childr n
are present at Harrisburg Storage facility to witness each item that was stored by
PNC Bank an upon this witnessed inventory, and the agreement of what each
Gerber child s desires, the Tangible Property shall be divided. If moving charges re
incurred for th transportation of the property for each child then the fees shall come
out of the Tru t. A storage fee of 6 months shall be paid to any child that has to
temporarily st re their share of the property and such fees shall come out of the Tru
My rationa for this agreement is to spare Fred from being ordered by the Court t
produce these Accountings and to spare Fred from being ordered by the Court to
appear before an Audit. Fred would VOLUNTARILY provide these missing
Accountings a d thereby spare additional legal expenses for all parties of which
these fees co Id assessed to him. If Fred voluntarily agrees to this, the Court shall
also be spare from hearing the remaining years of 2002 to present.
If Fred do s not agree to this proposal then I shall be forced to file Petitions to the
Court ordering Fred to produce Accounting within one month, I shall more than Iikel
file Objections and Fred shall have to defend his Accounting as he is currently doing
so.
By agreei g to this proposal, Fred would save himself as well as Jane
approximately $50 to $100,000 of future legal expenses concerning the years 2002 0
present.
Byagreei g to this settlement, Fred shall agree and stipulate to a CONTINUAN E
of the current pcoming hearings which would be delayed until all of the Accounting
for 2002 to pr sent is produced and an Audit shall be scheduled to hear all issues.
By FREEZ NG the Mildred J. Gerber Trust and Fred E. Gerber,Trust, the assets ar
preserved and upon the decision of the Auditor and all parties, the remaining assets
J
shall be divid d equally which is what I believe Fred and Mildred Gerber intended f r
all three of th ir children.
By Fred V LUNTARIL Y removing himself as Trustee, he avoids a Petition from t e
Court to order his removal, avoids a public record, and shows good faith in his
fiduciary role f an open management style. He also avoids future legal expenses.
By Fred V LUNTARIL Y providing all of the financial reports of the income and
estate and as ets of Mildred J. Gerber from 1998 to present, he avoids additional
legal expense of Petitions that I shall surely file. He also avoids a public record of
Court order.
By Fred V LUNTARIL Y providing this joint and total Accounting of the two Trust
and the estat of Mildred J Gerber, Fred avoids another possible GUILTY CONTEM T
of the Court's rder.
that Fred would seriously agree to this proposal and I welcome any
endments that Fred would like to entertain. Agreeing to this would
have to be AS P as this agreement and stipulation would have to agree to a
E of the upcoming hearings on November 15, 16,and 17,2004.
ering any stipulations or agreements that would remove Fred from an
actions, fees r fines imposed by the Auditor or this Court as a result of the global
AUDIT that w uld be heard on all Accountings from 1998 to present. I am not agreei g
to sign away y rights or stipulate to an agreement that would prevent me from filing
any legal actio to protect my rights. This is NOT an Arbitration Agreement or offer 0
Settlement. T is is an offer that makes the most sense for each beneficicary's
inheritance an the Court that I am assuming has had enough of this family.
Fred woul have to produce all the same documents, go through the same actio s
as he is now, e only difference is this would be a one stop AUDIT and it will be do e.
Fred and I wo Id reserve our right to appeal.
I so not se how Fred and Jane will ever enter into an Arbitration Agreement with
me at this poin as they have not answered my 8 page offer since August.
I would ne d an offer from Fred as he is the Trustee by FRIDAY, November
5,20002 by 2 M. IF he agrees, Mr. Duncan shall be notified and a Continuance sh II
be glfanted. I ave faxed a copy of this proposal to Mr. Duncan for his approval.
If his answer i NO then I shall proceed with my appropriate filings to the Court to
DEMAND AC OUNTING for 2002 to the present and take appropriate measures to
REMOVE him as Trustee and Executor. I shall also file for a Court Order of this
agreement. T is offer gives Fred the opportunity to save face and do the right thing.
1-/
This offer s not one that Jane has to approve as she is not the Trustee of the
two Trusts or xecutor of the Estates. I shall let Fred determine who shall draw up t e
agreement an upon my approval, we could continue.
As Fred is now retired and unemployed, I am assuming that he would have the ti e
to produce all f the remaining Accounting over the next few months. I await your
answer or Fre 's as I have faxed him a copy. I WOULD NEED AN ANSWER BY FA
ON FRIDAY, OVEMBER 5,2004 WITH A CONFIRMATION TELEPHONE CALL AS
WELL BY2 P
's expert could be put on hold and could return for the global Audit.
I await Fr d's answer and each party's response.
Sincerely, rJ
. t! /
.~ )!1L<<~W/m!b-
.
Marilyn Gerber,Pro Se
cc Mr. Frederi k E. Gerber, II
Mr. William Duncan
Mr. Verney
Ms. Joann Christine
Court of C mberland County by way of exhibit in Petition
o